The defendant, a convenience store clerk in her second day of training, was charged with selling tobacco to a person under 19 years of age, contrary to the Smoke-Free Ontario Act.
A test shopper, aged 17, successfully purchased cigarettes from the defendant without being asked for identification.
The defendant claimed she honestly believed the purchaser was of legal age and that she exercised due diligence given the high volume of customers and stressful circumstances.
The court found the defendant guilty, determining that while her belief may have been honest, it was not objectively reasonable, and she failed to meet the required standard of being "scrupulously vigilant" in preventing sales to minors.
