Reasonable Excuse: Difference between revisions
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==General Principles== | ==General Principles== | ||
A "reasonable excuse" can be a full defence for offences that | A "reasonable excuse" can be a full defence for offences that explicitly require the absence of a reasonable excuse.<ref> | ||
for example many offences include the phrase "without reasonable excuse" | for example many offences include the phrase "without reasonable excuse" | ||
</ref> | </ref> | ||
Offences that are subject to a reasonable excuse defence include: | Offences that are subject to a reasonable excuse defence include: | ||
* [[ | * [[Refusal (Offence)|Refusal to Provide Breath Sample]] (320.15(1)) | ||
* Neglect by peace officer (69) | * Neglect by peace officer (69) | ||
* [[Obstruction of a Peace Officer (Offence)]] (129) | * [[Obstruction of a Peace Officer (Offence)]] (129) | ||
* [[Flight from a Peace Officer (Offence)]] ( | * [[Flight from a Peace Officer (Offence)]] (320.17) | ||
* [[Animal Cruelty (Offence)]] (445.1) | * [[Animal Cruelty (Offence)]] (445.1) | ||
* Failure to Abide by a SOIRA Order (490.031) | * Failure to Abide by a SOIRA Order (490.031) | ||
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Under the heading of "Defects and Objections", s. 794 states: | Under the heading of "Defects and Objections", s. 794 states: | ||
{{quotation2| | {{quotation2| | ||
; No need to negative exception, etc. | ; No need to negative exception, etc. | ||
794 | 794 (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information. | ||
<br> | <br> | ||
(2) [Repealed, 2018, c. 29, s. 68] | |||
(2) | |||
<br> | <br> | ||
R.S., c. C- | R.S., 1985, c. C-46, s. 794; | ||
| | {{LegHistory10s|2018, c. 29}}, s. 68 | ||
|{{CCCSec2|794}} | |||
|{{NoteUp|794|1|2}} | |{{NoteUp|794|1|2}} | ||
}} | }} | ||
By function of s. 794, the persuasive burden rests on the defence to establish any reasonable excuse and is not on the Crown.<ref> | By function of s. 794, the persuasive burden rests on the defence to establish any reasonable excuse and is not on the Crown.<ref> | ||
{{CanLIIRP|Goleski|g5bwd|2014 BCCA 80 (CanLII)|307 CCC (3d) 1}}{{perBCCA|Frankel JA}}</ref> | |||
{{reflist|2}} | {{reflist|2}} | ||
Latest revision as of 14:39, 14 July 2024
| This page was last substantively updated or reviewed January 2015. (Rev. # 95493) |
- < Criminal Law
- < Defences
General Principles
A "reasonable excuse" can be a full defence for offences that explicitly require the absence of a reasonable excuse.[1]
Offences that are subject to a reasonable excuse defence include:
- Refusal to Provide Breath Sample (320.15(1))
- Neglect by peace officer (69)
- Obstruction of a Peace Officer (Offence) (129)
- Flight from a Peace Officer (Offence) (320.17)
- Animal Cruelty (Offence) (445.1)
- Failure to Abide by a SOIRA Order (490.031)
- Breach of Probation (733.1)
- Breach of an LTO Order (753.3)
Under the heading of "Defects and Objections", s. 794 states:
- No need to negative exception, etc.
794 (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.
(2) [Repealed, 2018, c. 29, s. 68]
R.S., 1985, c. C-46, s. 794; 2018, c. 29, s. 68
By function of s. 794, the persuasive burden rests on the defence to establish any reasonable excuse and is not on the Crown.[2]
- ↑ for example many offences include the phrase "without reasonable excuse"
- ↑ R v Goleski, 2014 BCCA 80 (CanLII), 307 CCC (3d) 1, per Frankel JA