R. v. Morrison (A.K.), (2002) 172 B.C.A.C. 232 (YukCA)

• Judge: Finch, C.J.B.C., Donald and Low, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: June 11, 2002
• Jurisdiction: Yukon
• Citations: (2002), 172 B.C.A.C. 232 (YukCA);2002 YKCA 15

R. v. Morrison (A.K.) (2002), 172 B.C.A.C. 232 (YukCA);

    282 W.A.C. 232

MLB headnote and full text

Temp. Cite: [2002] B.C.A.C. TBEd. OC.040

Her Majesty The Queen (respondent) v. Adam K. Morrison (appellant)

(YU471; 2002 YKCA 15)

Indexed As: R. v. Morrison (A.K.)

Yukon Court of Appeal

Finch, C.J.B.C., Donald and Low, JJ.A.

September 4, 2002.

Summary:

The accused was convicted of the offence of careless driving, contrary to s. 179 of the Motor Vehicles Act. The accused appealed.

The Yukon Supreme Court dismissed the appeal. The accused applied for leave to appeal.

The Yukon Court of Appeal dismissed the application.

Trials - Topic 1166

Summary convictions - Strict liability offences - Elements of - The Yukon Court of Appeal held that a strict liability offence did not require proof of an addi­tional element of blameworthiness or higher degree of culpability - All that was required was proof that the person charged with the strict liability offence did the pro­hibited act, and thereby breached the stan­dard of conduct required by the section of the enactment that created the offence - See paragraph 11.

Cases Noticed:

R. v. Beauchamp, [1953] O.R. 422 (C.A.), not appld. [para. 6].

R. v. Jacobsen, [1965] 1 C.C.C. 99 (B.C.C.A.), refd to. [para. 7].

O'Grady v. Sparling, [1960] S.C.R. 804, refd to. [para. 7].

R. v. McIver, [1965] 2 O.R. 475 (C.A.), refd to. [para. 8].

R. v. Sault Ste. Marie (City), [1978] 2 S.C.R. 1299; 21 N.R. 295; 85 D.L.R.(3d) 161; 40 C.C.C.(2d) 353; 3 C.R.(3d) 30; 7 C.E.L.R. 53, refd to. [para. 10].

Counsel:

M.W. Cozens, for the appellant;

Z. Brown, for the respondent.

This application was heard before Finch, C.J.B.C., Donald and Low, JJ.A., of the Yukon Court of Appeal, at Whitehorse, Yukon Territory, on June 11, 2002. The decision of the court was delivered in Vancouver, British Columbia, on Sep­tember 4, 2002, by Low, J.A.