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Articles like this make me very glad the the Supreme Court of Canada ruled in 1985 that it is unconstitutional to imprison someone for an "absolute liability" o
by cperciva 9y ago
Articles like this make me very glad the the Supreme Court of Canada ruled in 1985 that it is unconstitutional to imprison someone for an "absolute liability" offense. Put another way, while someone can be thrown in jail over a mistake if they were reckless, there must be a "due diligence" defense available.
Absent extreme circumstances, it would be very hard for a case like this to come to trial in Canada.
- hyperpape 9y agoCan you elaborate on what a due diligence defense would be in this case?
- cperciva 9y agoI'm not a lawyer, but I'd suspect that showing that the defendant normally took appropriate care and that it was only an unexpected event which provoked the mistake would be sufficient. My understanding is that due diligence only has to be prices on balance of probabilities.
- avip 9y agoNot sure what you are referring to, but leaving unattended children in cars is quite strictly illegal in Canada.
- crooked-v 9y agoIs it illegal to accidentally leave an unattended child in a car? The entire point of the article is accidental, not intentional, incidents.
- celticninja 9y agoAnd we can tell the difference how?
- ukd1 9y agomens rea vs actus reus
- celticninja 9y agoWhich means sometimes a prosecution is required.
- tarboreus 9y agoIt means it was once required.
- deleted 9y ago[deleted]
- avip 9y agoYes. The relevant charge would be child abandonment, criminal negligence, or failing to provide necessaries of life.
- cperciva 9y agochild abandonment Section 218 of the Criminal Code requires intent to abandon the child. (And also reasonable foreseeability that danger would result.) criminal negligence Section 219 requires wanton or reckless disregard for the lives or safety of other persons. failing to provide necessaries of life Section 215 requires a marked departure from the conduct of a reasonably prudent person in similar circumstances.
- cperciva 9y agoYes, it's illegal -- if there is intent or recklessness.
- k-mcgrady 9y agoYou say it's not possible to imprison someone for an absolute liability offence. You also say it would be hard for a case like this to come to trial. Surely it would still come to trial but the punishment would be something other than prison?
- cperciva 9y agoNo. An absolute liability offense is unconstitutional if the maximum penalty is incarceration; this can't be dodged by simply not asking for that penalty to be applied.