Wednesday, July 31, 2013

Failing properly to wear seatbelt absolute or strict

R. v. Wilson, 2013 ONCA 503 allows leave to determine if failing to wear a seatbelt properly is absolute or strict liability : 

[5]          In my view, it is a question of law alone whether s. 106(2) of the Highway Traffic Act imposes absolute liability or strict liability.  Resolution of that question would have an impact on the jurisprudence in a way that is of interest to the public at large, given both the frequency with which the offence is charged and its public safety purpose.

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