Massey got off because he was not driving the car. Otherwise he would have been "convicted." This case illustrates two things: 1. It is a crime to drive an unregistered vehicle, 2. it is correct to use the word conviction.
It is not a crime, and Massey's conviction was overturned, albeit on a "technicality". And yes, the word conviction is used in traffic court as well
That you are too dense to understand this just underlines the fact that you shouldn't be arguing about legal principles. Nobody fights a summary conviction that they are going to lose, most of the case law for such a law are examples where they get off.
Many do, it depends on the cost of defense vs. conequenses. Massey lost, but won on appeal.
Here is
a case in point. Failure to be in possession of a license: actus rea under section 92. The mens rea never comes up: he knew he had a gun, he should know it needed to be registerd, what is there to prove? He instead has the burden of proof: to prove that he had a license.
Well let's see, Mr. Porter was convicted of counts 1 and 2 in regard to storage of firearms, even though police had to virtually break in and search the attic and pry open his "storage devices". He had not stored them in exact accordance to the law, a law no one understands anyway. He was
aquitted on counts 3 and 5 of the indictment of posession of prohibited and restricted firearms without a licence to do so, even though it was in contrevention of a recognizance of bail. Count 4, obstruction, is irrelevent to our discussion.
The storage provisions are problematic, ovbiously more so than possession in this case, and where many people run afoul of the law, again a law no one understands that carries draconian punishment.
The burden of proof is on you, after all, to show that such a law can never satisfy either elements of a crime. I am just trying to help you out of your ignorance by providing examples. You cannot simply say, "Your examples do not apply, and therefore I am right." Read
this for the relation of the mens rea in relation to section 95 of the criminal code, it might help you apply it.
You shouldn't throw stones in that glass house of yours, but I commend you for at least finding relevent examples. Calvin Martin, Q.C. is quite knowledgable when it comes to firearms law, and knows it is an ass. But if you look at the comments of Justice Maund at paragraph 18 you get the impression that he is applying a rather subjective view. It is not the judges' role to apply the law according to the zeitgeist. And constitutional argments have little success in the lower courts.
Just because laws can be written to hobble the defense of the accused doesn't make them right. That is the point I'm trying to make. Saddam Hussein said "the law is anything I put on paper". Judges are supposed to make judgements according to law, no matter if the law in an ass, and this one is.