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How can I answer the following questions of due diligence please? Question 10 (1 point) Where a defendant is charged with an environmental offence in
How can I answer the following questions of due diligence please?
Question 10 (1 point) Where a defendant is charged with an environmental offence in relation to a pollution incident, which statement best describes the legal effect of the defendant having a sophisticated environmental management system (EMS) in place at the time of the incident. The presence of an EMS is proof that the defendant took reasonable care and will result in a successful due diligence defence. ,f' "j, The presence of adequate procedures, such as an EMS, is relevant to the " determination of due diligence, but showing general due diligence is insufficient. "j. The absence of an adequate EMS is an essential element of the offence that the " Crown is required to prove in order to secure a conviction. The presence of anEMS is never relevant to due diligence, since the EMS clearly was insufficient to prevent the accident. Question 5 (1 point) Which statement best captures the law respecting the defence of due diligence to a strict liability offence? ,f' "j, The defence of due diligence will be available if the accused reasonably believed in a mistaken set of facts which, if true, would render the act or omission innocent; and if it took all reasonable steps to avoid the particular event. ,f" "j, The defence of due diligence will be available if the accused reasonably believed in a mistaken set of facts which, if true, would render the act or omission innocent; or if it took all reasonable steps to avoid the particular event. If" "f, Where a defendant is able to demonstrate that it had a sophisticated environmental management system in place, that will satisfy the requirements of a due diligence defence A defence of due diligence will only be available where the defendant is able to I. show that it took every possible step available in order to prevent the event leading to the offence. Question 7 (1 point) Which of the following are relevant considerations to a due diligence defence (to an environmental offence)? i} The nature and gravity of the adverse effect. ii) The sensitivity of the plaintiff. iii) Industry standards. iv) The presence of an environmental management system. .3: All of the above .1: i, iii, and iv '22: only iv .3: None of the aboveStep by Step Solution
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