The Crown appealed the acquittal of a court employee charged with parking in excess time on a meter contrary to the City of Kenora Traffic Bylaw.
The trial judge had found the offence to be one of strict liability and applied the due diligence defence.
The appellate court found the trial judge erred in law by mischaracterizing the offence as strict liability when it is actually one of absolute liability.
The court held that due diligence is not a defence to absolute liability offences and that the defendant's personal circumstances, including difficulty obtaining breaks from work and safety concerns, do not excuse non-compliance with the bylaw.
The appeal was allowed, a conviction was entered, and a set fine of $20.00 plus costs was imposed.
