Lesson Plan VII: Regulatory Offences

Question 1

Regulatory Offence Definition

Answer 1

• statute-only offences intended to REGULATE –> ie: protect people, maintain order, and maintain standards of conduct.
• encompass wide variety of offences not in the CC
• distinct from criminal offences

Question 2

Examples of Regulatory Offences

Answer 2

• Driving offences under the Traffic Safety Act
• Health & Safety offences under Occupational Health & Safety Act

Question 3

3 Categories of Liability?

Answer 3

1. Absolute Liability
2. Strict Liability
3. Subjective Fault/Mens Rea

Question 4

R v Sault Ste. Marie

Answer 4

Establishes the 3 categories of liability.

Question 5

Mens Rea/Subjective Fault Based Offences (Sault Ste. Marie)

Answer 5

• regulatory offences that require proof of AR and MR
• highest evidentiary burden on the Crown as must prove that the accused acted intentionally or recklessless
• trigger words in the Code: “with intent”, “knowingly”, “intentionally”

Question 6

Strict Liability Offences (Sault Ste. Marie)

Answer 6

• where most public welfare offences fall (trigger words: “cause” “permit”)
• once Crown proves AR BARD, accused can avoid liability by proving on BOP that they took reasonable care and acted as the reasonable person would in the circumstances (R v London Excavators)
• OR that they reasonably believed in a mistaken fact which, if true, would have rendered the act innocent (R v Chapin)

Question 7

Absolute Liability Offences (Sault Ste. Marie)

Answer 7

• only require proof of AR (prohibited act)
• no proof of mental element required
• max punishment is fines as imprisonment violates s.7 of the Charter

Question 8

Reference re s.94 of the Motor Vehicle Act

Answer 8

Absolute Liability offences in Canada become Zombie Laws –> still around, but aren’t used as much as we believe that the morally innocent shouldn’t be punished

Question 9

R v Chapin

Answer 9

Discusses defences for strict liability:
1. mistake of fact –> mistake must be reasonable in the circumstances
2. reasonable care –> accused must show on BOP that they took every reasonable precaution

Question 10

R v London Excavators

Answer 10

When a statute lays out a defence for strict liability, the two defences from Sault Ste Marie are still
available unless outright ousted by the legislation