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R v Transport Robert (2003), 180 CCC (3d) 254


Wheel on commercial truck became detached on highway. s.85(5) says no defence to show due diligence/penalty is fine. No possibility of imprisonment


Does an absolute liability offence without imprisonment violate s.7? NO


An absolute liability offence that has potential to result in imprisonment, if you don’t pay a fine for ex, does violate s.7 (R v Nickel City Transport 1993).
If absolute liability offence has no possibility of imprisonment it does not violate s7.


Not all state interference with an individual’s psychological integrity will engage s.7. • The right to security of the person does not protect the individual operating in the highly regulated context of commercial trucking for profit from the ordinary stress and anxieties that a reasonable person would suffer.


There is no violation of s.7 or s.11(d)

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