Sentences with phrase «absolute liability offences»

Specific topics covered include the role of the prosecutor, defendant and justice of the peace; the presumption of innocence; proof beyond a reasonable doubt and findings of credibility; elements of an offence; guilty pleas to an offence charged or another offence; mens rea, strict liability and absolute liability offences; defences to regulatory charges, including due diligence, reasonable mistake of fact and officially induced error; trial procedure; presentation of evidence; rules of evidence; the voir dire; dealing with the unrepresented defendant; Charter applications; access to justice issues; paralegals and lawyers in the courtroom; requests for a bilingual trial; articulating reasons for judgment; delivery of a judgment; sentencing; and trials of young persons.

In R. v. Sault Ste. Marie, a case decided in 1978 — shortly before the POA came into effect — the Supreme Court of Canada held that there should be a middle ground between crimes and absolute liability offences.

The Act expressly removes defences of due diligence and honest belief, making violations absolute liability offences.

Absolute Liability Offence 6.

This matter went to the Supreme Court of Canada as a reference case (i.e. a question asked of the courts by the government), and led to the determination that the section of the B.C. Motor Vehicle Act which made it an absolute liability offence to drive while prohibited was unconstitutional.

However, if a public welfare offence, where jail was a possible sanction, required no fault element as in an absolute liability offence, this violated s. 7 of the Charter and was deemed unconstitutional.

However, by limiting an appeal to the amount of the fine only where the compliance order has not been appealed, the Appeal Panel has essentially changed what otherwise would be a strict liability offence into an absolute liability offence.

Speeding is an absolute liability offence in Ontario and the penalty can not contain a term of imprisionment.

Noting the striking similarities in language between «the usual» speeding offences and the new stunt driving offence, he concluded the new law created an absolute liability offence.

Not exact matches

As stated in Sault Ste. Marie, the importance — which I take to mean significance — of the penalty is an important consideration in determining whether an offence is one of absolute liability.

No legislative intent is visible in the enactments here to categorize this offence as one of absolute liability.

The case of R. v. Hughes, [2013] UKSC 56, dealing with an absolute liability driving offence...

Strict penalties and corporate liability and absolute offences will make more companies take notice and tighten internal controls.

One of the arguments in support of absolute liability or no - fault offences urged that the «public interest» necessitated such offences in certain public welfare situations where the public good was at issue and the risk of public harm was engaged.

There are several examples of offences that have the appearance of creating absolute liability but have been found to be constitutional as an accused can claim that he or she took reasonable steps to avoid the commission of the offence.

The Society retained counsel to respond, instructing their lawyer to tell the requesting citizen they will not give the list, which is an offence to fail to do (an «absolute liability» offence as per the Sault - St.