Parking Offence - Strict Liability offence?

jfmitch1716
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Parking Offence - Strict Liability offence?

by: jfmitch1716 on
Fri Dec 19, 2014 6:11 am

Got a ticket for not paying parking meter in a parking lot in downtown area. Had contacted the city and the woman answering telephone said that Downtown parking was free on that date. The truth was that street metered parking was the only kind free. She did not say this. I intend to subpoena the woman who answered the phone for the city and will attempt the defence of an honest and reasonable mistake of fact. Am I correct in assuming that a parking offence is a "strict" liability offence and not an "absolute" liability offence.

Thank You

JFM




Stanton
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by: Stanton on
Tue Dec 23, 2014 9:28 am

I was always under the impression parking offences are absolute liability.

This Ontario Court of Justice guide lists parking as an absolute liability offence: http://www.ontariocourts.ca/ocj/self-re ... ses/guide/

Here's a decision on appeal regarding an expired meter from Ontario. The defendant initially got off because the Justice believed the offence was one of strict liability. On appeal it was ruled the Justice erred and the offence was one of absolute liability: https://www.canlii.org/en/on/oncj/doc/2 ... cj188.html


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