Law Society of Ontario (LSO) Paralegal Practice Exam

Which of these is a type of provincial offence characterized by strict liability?

1. Mens Rea Offence

2. Absolute Liability Offence

3. Ordinary Tort

4. Strict Liability Offence

The correct answer is: Strict Liability Offence

A strict liability offence is a type of provincial offence where the prosecution does not need to prove that the accused had any intent to commit the offence. Instead, the focus is on whether the unlawful act occurred. This means that if an individual is found to have committed the act that constitutes the offence, they can be held liable even if they were not negligent or did not intend to cause harm. Strict liability offences are typically applied in regulatory contexts, such as environmental regulations or bylaw infractions, where the law aims to promote compliance and protect the public interest. Understanding strict liability helps in distinguishing these offences from others that may require mens rea or a higher degree of fault for liability to be established. The other options do not fit the definition of a strict liability offence. Mens rea offences require proof of intent or knowledge, absolute liability offences eliminate any level of fault, and ordinary torts refer to civil wrongs that require a different legal standard. Therefore, identifying the nature of strict liability offences is crucial for understanding how liability is assigned in provincial regulatory matters.