The defendants, commercial trucking companies, were charged under s. 84.1 of the Highway Traffic Act after wheels separated from their vehicles on a highway.
The offence is one of absolute liability, expressly precluding the defence of due diligence, but carries no risk of imprisonment.
The defendants argued that the creation of an absolute liability offence violated their rights under ss. 7 and 11(d) of the Charter.
The Court of Appeal held that s. 11(d) does not prevent the legislature from eliminating a common law defence.
Furthermore, the court found no violation of s. 7, concluding that the diminished stigma attached to a regulatory offence and the absence of imprisonment do not trigger the security of the person guarantee.
The Crown's appeal was allowed and the defendant's appeal was dismissed.
