Mens Rea: Concepts

Question 1

PRESUMPTION, EXCEPTIONS AND “FAULT”

Answer 1

Presumption:
* commission of the crime must be directed by a willing mind - awareness of what is going on;
intention/belief/knowledge as to relevant consequences or circumstances (Papajohn)

• every AR element has a corresponding MR element (unless clear statutory language to the contrary)

Question 2

R v Zora (2020) SCC - Presumption of subjective fault

Answer 2

R v Zora, 2020 SCC 14 is a case in which the Supreme Court of Canada held unanimously that the offence of breaching bail conditions under the Criminal Code requires subjective mens rea.[2][3]

Facts: Parliament had not specified one way or the other whether the offence required subjective fault or if it could be
decided based on objective fault.

Analysis: actual mental state of the accused at the time has to be proven by the Crown – cannot base culpability on the RP
standard → not objective fault