What is the effect of strict liability on compliance with the law?

Ontario, Canada


The following excerpt is from Burlington (City) v. Carly N. Foresto, 2016 ONCJ 695 (CanLII):

[21] On the other hand as stated in Regina v. Kanda, supra, “the link between absolute liability and increased compliance with the law is tenuous”. In this regard, Mr. Justice MacPherson went on state as follows: Moreover, to regard strict liability as a serious diminution of enforcement capacity is a misconception. Strict liability is what the name implies – a serious commitment to enforcement of the law. In most cases, if a person commits the act proscribed by the law a conviction will follow because establishing the defence of due diligence or reasonable care will not be easy.

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