CRIM 230 Chapter Notes - Chapter 6: Actus Reus, Regulatory Offence, Halfway House
29 Jun 2017
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Document Summary
Many provincial regulatory offences & bylaw infractions deal w/ out of court by citizen paying fine as result of receiving ticket. Cases involving regulatory offences generally tried in prov/terr courts. Whereas crown must prove some form of mens rea to obtain conviction of offender for true crime, generally does not have to do so in case of regulatory offence. In case of regulatory offence, all crown normally has to prove - actus reus elements. Historically, courts took view that defendants charged w/ regulatory offences should not be given opportunity to argue that they were not to blame for what happened. If crown could prove that actus reus elements of offence, issue of fault considered completely irrelevant. Emergence of new approach in courts: halfway house approach. Halfway house approach - finds middle ground b/w requiring crown to prove all mens rea elements of offence beyond reasonable doubt & automatically convicting accused person merely b/c he/she committed actus reus of regulatory offence.
