s 189 Proof of contravention of section 188
In a prosecution of an offence under subsection 188(2) or (3), it is not necessary for the prosecution to prove the non-existence of facts or circumstances which if they existed would, by virtue of section 190, 191, 192, 193, 194, 195, 196, 197 or 198, or any regulations made under subsection 188(5), preclude the act from constituting a contravention of subsection 188(2) or (3).