LAW 602 Lecture Notes - Lecture 6: Regulatory Offence, Actus Reus, Due Diligence
17 Apr 2017
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Regulatory offences are presumed to be strict liability. Burden of proof: misleading advertising & failure to comply with demand. Copies of the emails with evidence of misleading their customers. Call someone a number of individuals (victims) who received the email to determine whether or not the ad is legitimate. Crown would prove that letters were sent out to callus telling them to comply with the act, and showing that those letters haven"t been replied to. Shows that the defendant was not compliant with the act, that they were notified of their offence, and that they still continued to ignore the request. Defence of due diligence frequently consists of showing honest and reasonable belief in a certain state of facts, but in principle, the defence is that all reasonable care was taken. Defence of reasonable care is a pre-eminent defence to public welfare offences.
