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4 Oct 2022, 8:16 am by Michael Oykhman
In R v Calder, 1960 [SCR] 892, Justice Cartwright summarized the elements of this offence as requiring proof beyond a reasonable doubt that: the evidence specified in the indictment (the indictment is the formal charge or document laying out the charge) was false in fact (actus reus); that the accused when he or she gave it knew that it was false (mens rea); and that he or she gave it with intent to mislead the court (mens rea). [read post]