Regina v. City of Sault Ste. Marie
Canada Supreme Court
85 D.L.R.3d 161 (1978)
- Written by Craig Conway, LLM
Facts
The City of Sault Ste. Marie (city) (defendant) hired Cherokee Disposal and Construction Company (Cherokee) to dispose of the city’s garbage. Cherokee provided the landfill site, labor, and equipment. The site bordered Cannon Creek, which ran into Root River. When the landfill polluted the creek and river, Cherokee was convicted of violating the Ontario Water Resources Commission Act (act), which imposed liability on any municipality or person that discharged or caused to be discharged any material into a water source. The city was subsequently also charged with violating the act. The city argued that it was not liable because it had nothing to do with actual disposal operations and Cherokee was an independent contractor, not a city employee. The provincial court imposed strict liability and held the city liable. The Ontario Divisional Court quashed the conviction, holding that liability required mens rea with regard to discharging or permitting the discharge of materials. The Ontario Court of Appeal agreed that mens rea was required and ordered a new trial. The Canada Supreme Court granted leave to appeal.
Rule of Law
Issue
Holding and Reasoning (Dickson, J.)
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