Crown appeal from an acquittal of a defendant charged with driving a heavy vehicle on a prohibited highway contrary to the City of Oshawa Traffic By-law 79-99.
The trial judge acquitted the defendant by finding that the prosecution bore the burden of proving the defendant knew of or intended to violate the bylaw.
The appellate court found the trial judge erred by imposing a mens rea requirement on a strict liability offence and by improperly relying on section 134(3) of the Highway Traffic Act, which did not apply to municipal bylaws.
The court allowed the appeal and ordered a new trial, finding that once the actus reus was proven, the burden shifted to the defendant to establish a due diligence defence under the strict liability framework.
