The appellant was convicted of trafficking in a restricted drug after the substance was added to Schedule H of the Food and Drugs Act via a regulation published in the Canada Gazette.
The appellant argued that he was unaware of the regulation and had exercised due diligence in attempting to ascertain the law.
The Supreme Court of Canada dismissed the appeal, holding that section 19 of the Criminal Code is an absolute bar to a defence of ignorance of the law, including subordinate legislation.
The Court further clarified that the defence of due diligence applies only to the fulfilment of a duty imposed by law, not to the ascertainment of the law's existence.
