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R. v. Rube

[1992] 3 SCR 159 Court SCC Decision date 1992-10-09 Docket 22421 English

PartiesGary Rube Appellant·Her Majesty The Queen Respondent·The Attorney General for Ontario Intervener

Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank

Decision 6–1 Majority (6) · Lamer C.J. (1)

On appeal from British Columbia

Subjects Constitutional law Food and drugs

Contents

Majority

The judgment of the Court was delivered orally by

Lamer C.J.

Lamer C.J. -- This appeal comes to us as of right. We agree with the Court of Appeal of British Columbia that the wording of the sections [ss. 5(1) and 29 of the Food and Drugs Act, R.S.C. 1970, c. F-27] is open to interpretation and does not explicitly exclude a defence of due diligence. We agree that given the penalties, this is not an offence that could, without offending the Canadian Charter of Rights and Freedoms , be one of absolute liability.
On the presumption that Parliament intends its legislation to conform to the exigencies of the Charter , we are of the view that the section [s. 5(1) of the Act] is one of strict liability and that a defence of due diligence is available to the accused. The appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: Sheldon Goldberg, Vancouver.
Solicitor for the respondent: J.C. Tait, Ottawa.
Solicitor for the intervener: George Thomson, Toronto.

Statutes and regulations cited