CRM 200 Lecture Notes - Lecture 7: Regulatory Offence, Actus Reus, Legislative Intent

• School: Ryerson University
• Department: Criminology
• Course: CRM 200
• Professor: Daniel Alati

Document Summary

Absolute liability offences: a. l - offences largely in the regulatory sphere that only require the actus reus . Must prove that the prohibited act was committed beyond a reasonable doubt . Intention of parliament: availability of imprisonment no fault offences, when imprisonment is available will offend, v. pierce fisheries ltd. (1970) Attached stigma not as significant as other serious offences. Absolute liability offences: the common law presumption against absolute. Created a presumption that courts will only interpret offences as a. l when there is clear legislative intent look for evidence that parliament intended for that offence to be a no fault offence: determining legislative intent: Subject matter and regulatory pattern of the legislation (how serious the offence is): language used to define the offence, penalties. Crucial consideration as whether or not the court considers the offence as an a. l offence. Reference re: motor vehicle act (british columbia) (1985)