Canadian Criminal Law Elements
Summary
In Canadian criminal law, actus reus (AR) refers to the physical act of a crime, while mens rea (MR) is the mental intent. Causation requires both AR and MR, with the act being a significant contributing cause to the harm. The Javanmardi case emphasizes that an MR standard is necessary for every AR element, including causation. The Creighton and De Sousa cases establish that the risk of bodily harm must be objectively foreseeable. These principles guide courts in determining guilt in complex cases.Full Conversation
do we need an AR for the causing aspect too?
In Canadian criminal law, causation does require both an actus reus (AR) and a mens rea (MR) component. The act (AR) must be a significant contributing cause to the harm, and there must be a corresponding mental element (MR) for the causation aspect, as noted in the Javanmardi case. Do you have a specific situation or case you're concerned about?
yes is this true/ This last requirement is necessary because, as stated in Javanmardi, there must be an MR standard applicable to every element of the AR, even the “causing” aspect. yes or no
Yes, in Canadian criminal law, as stated in the Javanmardi case, an MR (mens rea) standard is necessary for every element of the AR (actus reus), including the "causing" aspect.