LAW 534 Lecture Notes - Lecture 3: Seat Belt, Consumer Protection, Actus Reus
11 Apr 2017
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Document Summary
In this course we are looking at the foundations for regulation in canada. We have done chapter 1 and now on 2 going to finish ch 2 and start 3 today. Four models for enforcement (see pyramid at page 2-2. 15) Warning letters: eg. non-compliance was inadvertent or little risk of harm; promotes compliance. Administrative monetary penalties (amps): efficient and cheaper to complete. Regulatory offences: usually allows for due diligence defence and does not create a criminal record. Criminal offence: usually requires mens rea and does create a criminal record. ** there are certain cases when an offence could be a regulatory and criminal offence ** Good historical overview of situation in england and the work of the law reform commission of. This commission was making recommendations on how to create laws to different governments: vs. pierce fisheries: Should someone really be branded a criminal for 26 undersized lobsters out of 50,000 pounds of lobster.
