Question
On a sunny Monday morning, during rush hour, Minnie Bless-Lavictime was riding her bicycle along Slater Street into downtown Ottawa. At about the same time,
On a sunny Monday morning, during rush hour, Minnie Blessé-Lavictime was riding her bicycle along Slater Street into downtown Ottawa. At about the same time, the defendant, Marcus Schlecht-Verfahrer, was in the driver's seat of his car. He was parked at and next to the curb on Slater Street. As Minnie rode past his car door, she collided with the door as Marcus was opening it. The emergency services attended and, as a result, Marcus was charged with the offence of "opening the door of a vehicle without taking due precautions," contrary to the Highway Traffic Act. On responding to the police officer when being charged, Marcus replied: "Officer, I trade in Massasauga Rattlesnakes and thought that one had escaped in my car." The police ticket did not indicate the section of the Highway Traffic Act. Following the instructions below, answer these questions:
1. Analyze and specify the type of offence for which Marcus has been charged.
2. Assuming that Marcus will dispute this charge, what defences, if any, are available to him?
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