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Strict and Absolute Liability
34
Transcript
Strict and Absolute Liability
By: Catherine Zambrano
Sources:
https://legaldictionary.net/strict-liability/
Case Examples
https://www.ccohs.ca/oshanswers/legisl/billc45.html
http://www.anthonyisaacs.com.au/news/strict-absolute-liability-offences
Strict Liability
Absolute Liability
http://www.duhaime.org/LegalDictionary/A/AbsoluteLiability.aspx
Someone is driving a motor vehicle at 100km/h in a 40 km/hour zone because they are late to a very important event. Traffic cameras and police cars are present and explicitly see the crime being committed. They have proof and no excuse, however it is a relatively minor offence.
A construction company is building a road through a quiet neighborhood when it encounters a rocky area. The area is close to a housing district, but they decide to blast away the rock anyways. A child is playing in a yard two blocks away and gets hit by a piece of flying rock, causing a serious injury. The construction company took the usual precautions for road blasting.
Absolute Liability
Questions
-Actus reus required
-No Mens Rea required
-Minor, regulatory-type offences that do not encompass jail time
-No possible defense
-No chance of acquittal
-> Must be found guilty
How does such a defence benefit a society?
What criminal law concepts or legal rights does the defence protect and/or override?
Strict liability
Bill C-45-> Liability
Section 217.1
"217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task."
Affirmative Defences:
-Acknowledges offence took place
-Offers the defense of "due diligence"
-Nevertheless, ignorance is insufficient
-"Mistake of fact can be proven"
-> All possible reasonable precautions were taken to avoid committing
the offence
-Justification of criminal conduct
-Do not require Mens Rea
-The accused should be exempt from punishment
-Self-defence
-Consent
-Battered women's syndrome
-Defense of a dwelling
-Provocation
-Duress/compulsion
-Necessity
-Due diligence
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