Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Yukon Court of Appeal dismissed an extension and leave application, holding the proposed appeal from an interlocutory order had no reasonable prospect of success.
Sections 121(1) of the Environmental Management Act and 78.2 of the Fisheries Act do not displace the presumption of strict liability or require proof of subjective knowledge of the circumstances or activities constituting the corporation's actus reus; secondary liability requires proof of the corporation's commission of the offence and an actus reus component showing the accused's active or passive involvement (e.g. failure to prevent foreseeable harm) but not mens rea.
Source excerpt
The Tribunal erred as a matter of law by considering defences of due diligence and honest belief to an absolute liability offence and by importing unrelated risk-factor criteria; because liability under s.148(1) is absolute and overcrowding is a factual enquiry focused on the conditions at the time of loading under s.148(2), the Tribunal's legal errors and inadequate reasons require quashing its decision and remitting the matter for redetermination by a different Tribunal member.
Source excerpt
Court held that, absent reliable expense evidence, an additional fine under s.79 should reflect the gross value of the illegal catch; applied sentencing principles of proportionality, restraint and totality and imposed fines of CAD 30,000 (closed time) and CAD 10,000 (coordinates) plus a CAD 36,561.35 s.79 fine, ordered one-year VMS installation at defendant's cost, one-year prohibition from fishing groundfish in Division 4S and Subarea 4T2a, and required a sincere letter of apology to the At Sea Observer.
Source excerpt
The SCAC erred in law by reweighing evidence and substituting its view for that of the trial judge who had firsthand opportunity to assess witness credibility and the poor quality of video evidence; the trial judge's acquittals on counts 1 and 6 were reasonably supported by the evidence and are restored; leave on the cross-appeal is denied because the threshold for leave under s.839 is not met.
Source excerpt
The appeal is dismissed: the sentencing judge did not err in principle. His remarks about permits were contextual and relevant to PPS's state of mind; the rental evidence was properly discounted as unsupported and irrelevant given subsidiary occupancy and lack of rent, and overlapping but distinct offences justified the sentence. The fine of $172,500 was within judicial discretion and not demonstrably unfit.
Source excerpt
The accused was acquitted because (1) the court accepted his credible evidence that the fish in the black insulated containers were bait from earlier trips, creating reasonable doubt as to whether they were part of the day's catch, and (2) the prosecution failed to prove beyond a reasonable doubt the requisite one-hour interval between hail-in and docking due to imprecise and inconsistent time evidence; both external elements of the offences were therefore not established.
Source excerpt
Summary conviction appeal allowed where the evidence did not prove the accused was “using” a cell phone while driving under the Motor Vehicle Act.
The Court of Appeal dismissed Mr. Mossman’s late application to vary a leave order, and also refused an overlength factum request.
The Crown failed to prove beyond a reasonable doubt that any of the offences 'resulted in' Mr. David's death so s.74(1B) did not apply; Kienapple did not bar convictions because the failure to implement policies and the specific lighting breach address different wrongs, though counts 3 and 4 overlap and sentencing must reflect totality; fines imposed were $40,000 (count two), $55,000 (count three) and $30,000 (count four) for a cumulative fine of $125,000 plus a 15% victim fine surcharge of $18,750, and an order for four educational presentations, all to reflect proportionality, deterrence, r…
Source excerpt
Explore more
