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19 Jan 2023, 1:48 pm by Michael Oykhman
Intimidation under s.423.1(1) states that “no person shall, without lawful authority, engage in any conduct with the intent to provoke a state of fear” in someone to impede the administration of criminal justice; to impede a justice system participant or military justice system participant in the performance of his or her duties; or impede a journalist in the transmission to the public of information in relation to a criminal organization. [read post]
19 Jan 2023, 1:27 pm by Michael Oykhman
The mens rea that the crown must prove, beyond a reasonable doubt, to convict you of public incitement of hatred under s.319 (2) of the Criminal Code is that: You wilfully promoted hatred For offences under s.319(2) of the Criminal Code the minimum mens rea requirement is wilful blindness and not mere recklessness. [read post]
13 Jan 2023, 2:07 pm by Eugene Volokh
In 2015, people anticipated that the Court would consider the question in Elonis v. [read post]
5 Jan 2023, 11:38 am by Michael Oykhman
The Guilty Mind (Mens Rea) The mens rea or mental element of an offence speaks to mental culpability or otherwise the accused’s intent when committing the offence. [read post]
5 Jan 2023, 10:06 am by Michael Oykhman
To do so, the Crown must prove the actus reus and mens rea of the offence: The Guilty Act (Actus Reus) The actus reus is also known as the guilty act. [read post]
7 Dec 2022, 8:37 am by Michael Oykhman
This conduct can include publicly disobeying a court order (United Nurses of Alberta v Alberta (Attorney General), 1992 CanLII 99 (SCC)) R v Devost, 2010 ONCA 459 (CanLII) also stated that the identity of the accused as well as the date and time of their prohibited conduct must be confirmed (at para 34). [read post]
2 Dec 2022, 1:57 pm by Michael Oykhman
 In a case called United States of America v Dynar, 1997 CanLII 359 (SCC), [1997] 2 SCR 462 (a Canadian case) it was noted that “a person may be convicted of attempt, even when completion of the criminal act was impossible at the time”. [read post]
22 Nov 2022, 10:42 am by Michael Oykhman
The Guilty Mind (Mens Rea) The mens rea of solicitation is a specific intent offence, meaning that the Crown must prove beyond a reasonable doubt that you specifically intended to buy or sell sexual services in your communication. [read post]
30 Oct 2022, 6:30 am by JURIST Staff
With impunity from the state, vigilante mobs continue to carry out extrajudicial killings. [read post]