The respondent was charged under s. 106(6) of the Highway Traffic Act for driving with a child passenger who was not wearing a seat belt.
The trial judge convicted the respondent, finding the offence to be one of absolute liability.
The summary conviction appeal judge allowed the appeal, holding that it was a strict liability offence and remitted the matter for consideration of a due diligence defence.
The Court of Appeal dismissed the Crown's appeal, applying the Sault Ste.
Marie framework to conclude that the offence is one of strict liability, allowing for a defence of due diligence.
