R V City Of Sault Ste-Marie
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R V City Of Sault Ste-Marie
''R v Sault Ste-Marie (City of)'' [1978] 2 SCR 1299 is a Supreme Court of Canada case where the Court defines the three types of offences that exist in Canadian criminal law and further defines the justification for "public welfare" offences. Background The city of Sault Ste. Marie, Ontario, hired Cherokee Disposal to dispose of the city's waste. The city built a disposal site 20 feet from a stream which, when filled by the disposal company, resulted in waste seeping into the stream. The city was charged with discharging, or permitting to be discharged, refuse into the public waterways causing pollution pursuant to section 32(1) of the Ontario ''Water Resources Act''. The issue before the court was whether the city's offence should be classified as strict liability or absolute liability. The Court of Appeal for Ontario held that the charge required proof of ''mens rea'', which on the facts would acquit the defendant. Reasoning In the judgement written by Brian Dickson, Justice ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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