What is the mens rea element in a defamation case?
British Columbia, Canada
The following excerpt is from R. v. Aminpour, 2019 BCPC 353 (CanLII):
The mens rea element requires proof that the false or misleading statements were made knowingly and intentionally, or at least with the wilful blindness to the falsity or deceptiveness in the statement: see, R. v. Briscoe 2010 SCC 13, at paras. 21 to 22, and Sansregret v. the Queen, 1985 CanLII 79 (SCC), [1985] 1 SCR 570.
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