IS 202 Lecture 5: Week 5
15 Jan 2019
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Document Summary
Regulatory o ences: federal or provincial or municipal. Federal: contraventions act: national defence act. Provincial: provincial o ences act: highway tra c act. Municipal: municipal code / by-laws: toronto municipal code, criminal law provisions v regulatory o ence: Crown doesn"t have to prove mens rea. Regulatory: don"t need to prove beyond a reasonable doubt = mental element, absolute liability o ences. Not dependant upon fault: guilty ifcrown can prove actus reus beyond a reasonable doubt, no possible defence. No but, no i couldn"t avoid it : example. Alcohol was prohibited at the time in na: allowed to see if low in alcohol percentage, guilty. But crown proved beyond a reasonable doubt. He could"ve avoided: no way to prove it. Bottle said it had legal amount of alcohol: pros: Di cult to prove means rea: hard to hold people accountable, loop holes. Civilians will be more careful: cons: Crown : criminal - prove actus reus.
