The big idea — due diligence is a complete defence

The single most important point in the whole course. Seat-belt offences are strict liability — not absolute liability. The Ontario Court of Appeal confirmed this in R. v. Kanda, 2008 ONCA 22 (and R. v. Wilson, 2013 ONCJ, applied the same to s. 106(2)).

Strict liability means due diligence is a complete defence: if you took all reasonable care, you must be acquitted. The Crown can’t simply rely on proof of the act alone. The starting presumption for public-welfare offences always favours strict liability (R. v. Sault Ste. Marie). Knowing this changes everything about how you defend the charge.