Background
The city of Sault Ste. Marie, Ontario hired Cherokee Disposal to dispose of the city's waste. The city built a disposal site 20 feet from a stream which, when filled by the disposal company, resulted in waste seeping into the stream. The city was charged with discharging, or permitting to be discharged, refuse into the public waterways causing pollution pursuant to section 32(1) of the Ontario Water Resources Act.
The issue before the court was whether the city's offence should be classified as strict liability or absolute liability. The Court of Appeal for Ontario held that the charge required proof of mens rea which on the facts would acquit the defendant.
Read more about this topic: R. V. City Of Sault Ste-Marie
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