CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 6 — CIRCUMSTANCES IN WHICH THERE IS NO CRIMINAL RESPONSIBILITY

Division 3 — Circumstances involving mistake or ignorance

Mistake or ignorance of statute law

36.— (1) A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of an Act or Decree that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence.

(2) Sub-section (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the Act expressly provides that a person who is not aware of the existence or content of the Act creating the offence is not to be liable for the offence.

Mistake or ignorance of subordinate legislation

37.— (1) A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of the subordinate legislation that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence.

(2) Sub-section (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if the subordinate legislation expressly provides that a person who is not aware of the existence or content of the subordinate legislation creating the offence is not to be liable for the offence.

(3) In this section “subordinate legislation” means an instrument of a legislative character made directly or indirectly under an Act, or in force directly or indirectly under an Act .