| Citation: |
Makhija v. canada (Attorney General), 2010 FCA 342, [2011] 1 F.C.R. D-9 |
A-98-10 |
ETHICS
Appeal from Federal Court decision (2010 FC 141) affirming Registrar of Lobbyists’ decision appellant breaching Lobbyists’ Code of Conduct, rr. 2, 3—Registrar making violation of r. 3 one of absolute liability—Judge preferring to interpret violation as one of strict liability—As a result, appellant arguing he made honest, reasonable mistake of fact regarding obligation to disclose under Code, Judge erred in not accepting defence—Judge misinterpreting ruling of Registrar on issue of liability, mischaracterizing appellant’s argument—Appellant raising error of law, not mistake of fact—Judge’s analogy with penal regime unfortunate, misleading as breaches of Code not sanctioned by charges, penalties—In any event, defence of error of law no excuse whether offence one of mens rea, strict liability or absolute liability—Appeal dismissed.
Makhija v. Canada (Attorney General) (A-98-10, 2010 FCA 342, Létourneau J.A., judgment dated December 13, 2010, 4 pp.)