LAW 534 Lecture Notes - Lecture 4: Absolute Liability, Regulatory Offence, Mens Rea
14 Apr 2015
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Law reform"s conclusion state of law in 1970s, everything was a criminal offense. Landmark case [sault st marie: mens rea offense. *in all 3 cases, crown has to show the act occurred. Mens rea (evil mind literally) it means intent. Hard to classify under each offense [it"s not clear] Said that they were charging wholesale prices when they really weren"t. The issue: absolute liability provision struck down due to the charter, go through due diligence offense. [section 1 of the charter no such thing as an unrestrained right. Can put reasonable limits on it proportionality test, minimal impairment] [doing construction at workplace, ensured all employees read sign, signed waiver will i be liable as the employer if someone got hurt anw?] I didn"t build barrier but the sign was due diligence [substituted lower level of safety thus does not count as due diligence]
