What is the test for mens rea under section 239(1)(a) of the Criminal Code of Canada?
Alberta, Canada
The following excerpt is from R. v. Derose, 2001 ABPC 146 (CanLII):
In The Queen v. Landes [1988] 1 C.T.C. 124 Scheter J. reviewed the law extensively relating to offences relating to s. 239(1)(a) and 239(1)(d) and concluded that both offences required mens rea that established actions that were secretive, deceitful or secretive in nature.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
Does a finding of guilty under section 129(a) of the Criminal Code stand by virtue of the earlier finding of guilt under the same section? (Alberta, Canada)
Can a charge under section 222 of the Criminal Code be withdrawn and replaced with a new charge under Section 224, but at trial the charge has been withdrawn? (Alberta, Canada)
What is the test for a sexual assault offence under Section 25(SCC) of the Criminal Code of Canada? (Alberta, Canada)
What is the effect of section 30 of the Criminal Code of Canada’s Emergency Vehicle Privileges? (Alberta, Canada)
What is the scope of the "right of freedom from unreasonable search and seizure" under section 8 of the Criminal Code? (Alberta, Canada)
How have courts interpreted section 8 of the Criminal Code in the context of search and seizure? (Alberta, Canada)
What is the legal test for probable searches in the context of Section 487.05 of the Criminal Code? (Alberta, Canada)
What is the test for obtaining a search warrant under section 487.08 of the Criminal Code? (Alberta, Canada)
