The appellant employer appealed a decision setting aside a directed verdict of acquittal on charges under the Occupational Health and Safety Act following a fatal workplace accident.
The employee was killed by an unguarded moving part of a crown press.
The trial judge had acquitted the employer on the basis that the Crown failed to prove the employer knew of the hazard.
The Court of Appeal dismissed the appeal, holding that OHSA offences are strict liability offences and the Crown is not required to prove a mental element or knowledge of the hazard as part of the actus reus.
Lack of knowledge is only relevant to a due diligence defence.
