CRIMINAL LAW: REGULATORY OFFENCES SEPTEMBER 30, 2013. Overview . Public welfare/regulatory offences Strict and absolute liability offences Reasonable Care Defences Defences ( Actuus reus ) Private Prosecutions Penalties and Sentencing issues Charter. Regulatory Offences.
"If on a prosecution for the offences created by the Act, the Crown had to prove the evil intent of the accused, or if the accused could escape by denying such evil intent, the statute, by which it was obviously intended that there should be complete control without the possibility of any leaks, would have so many holes in it that in truth it would be nothing more than a legislative sieve.” The Queen v. Pierce Fisheries Ltd.
“It is fundamentally unsound to convict a defendant for a crime involving a substantial term of imprisonment without giving him the opportunity to prove that his action was due to an honest and reasonable mistake of fact or that he acted without guilty intent. If the public danger is widespread and serious, the practical situation can be met by shifting to the shoulders of the defendant the burden of proving a lack of guilty intent.” Sault Ste. Marie