LS101 Lecture Notes - Canada Evidence Act, Narcotic Control Act, Indictable Offence

• School: University of Waterloo
• Department: Legal Studies
• Course: LS101
• Professor: Frances Chapman

Document Summary

Mens rea: requirement that a guilty mind accompany the act that constitutes a crime. Intent to do the act knowing the consequences or proceeded with reckless disregard (impaired: motive separate from mens rea, subjective/objective. *mala prohibita because the law says they are wrong. Mens rea/mistake of fact r. v. ladue: sexual relations when he thought veronica was sleeping, while she. Indignity to a corpse was, in fact, dead. Burden of proof: has to be some degree of moral certainty that this person is guilty beyond a reasonable doubt, onus responsibility to prove guilt/innocence. Canada evidence act (cea: you do not have to testify against yourself this cannot have an adversarial effect on the accused. However, if you do testify, you must answer all questions honestly: husband/wife testimony. Cannot be compelled to disclose any communication made with one another during the course of their marriage: incriminating statements, right to remain silent.