What is the mens rea for recklessness?

British Columbia, Canada


The following excerpt is from British Columbia Insurance Corp. v. Kraiger, 2002 BCCA 521 (CanLII):

There is also another approach. The mens rea may also be found in recklessness. In Sansregret v. The Queen, 1985 CanLII 79 (SCC), [1985] 1 S.C.R. 570, recklessness, as a state of mind, was said to be this at p. 582: It is found in the attitude of one who, aware that there is danger that his conduct could bring about the result prohibited by the criminal law, nevertheless persists, despite the risk. It is, in other words, the conduct of one who sees the risk and who takes the chance. It is in this sense that the term 'recklessness' is used in the criminal law and it is clearly distinct from the concept of civil negligence.

Other Questions


What is considered to be wilful blindness and recklessness in the context of a civil case? (British Columbia, Canada)
What is what is required to prove recklessness? (British Columbia, Canada)
How have the courts treated a libel action brought by a journalist who recklessly published an untrue defamatory statement? (British Columbia, Canada)
What is the test for recklessness with the truth? (British Columbia, Canada)
What are the consequences of recklessness and wilful blindness? (British Columbia, Canada)
Can a professional salesperson be reckless in making misleading statements to potential buyers? (British Columbia, Canada)
Can qualified privilege be lost in circumstances where there is malice or reckless disregard for the truth? (British Columbia, Canada)
What are the circumstances where a party pursues a meritless claim and is reckless with regard to the truth? (British Columbia, Canada)
Can a counsel of record be removed from the record because of a conflict of interest? (British Columbia, Canada)
What is the difference between managing your business affairs and attending to your daily care needs? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.