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Trust our experienced lawyers to handle
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Not exact matches
In respect of the fourth consideration, the legislative scheme, the Minister argued that the availability of a due
diligence defence was incompatible
with the legislative scheme, for two reasons.
In summary, while the question of whether a due
diligence defence is available in administrative proceedings has not been conclusively settled in Canada, the clear trend is toward a presumption that the
defence is available unless it is excluded by clear words or is incompatible
with the overall scheme of the statute.
An important part of the due
diligence defence put forth by the RCMP was that the magnitude of the risk must be considered
with its frequency.
Furthermore, the Minister's power to order an audit combined
with the extended limitations period and the elimination of the due
diligence defence increase potential liability for and costs that need to be incurred by employers.
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.
That
defence provides that, even if the statements made or comments published defame the Plaintiff, if the matter communicated about is of public interest and the defendant acted responsibly
with proper
diligence, defamatory statements will not attract liability.
The paper begins
with a general overview of the
defence of due
diligence, followed by a review of recent significant decisions from Western Canada.