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

Facts:

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

Issue(s):

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

Ratio:

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.

Analysis:

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.

Holding:

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


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