The Role of Mens Rea and Actus Rea in Criminal Law

In the Canadian legal system, there are generally two elements required to prove a crime: the act (actus rea) and the mental state (mens rea). Generally, without proof of these two elements there can be no criminal conviction. However, what may at first seem like a simple equation of two parts, can actually become a …

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New Reverse Onus Law Could Change the Face of the Canadian Criminal Law

By Allan Rouben

The old adage “innocent until proven guilty” could soon become a phrase of the past. In August, a Montreal Court was scheduled to handle the first criminal case involving the new reverse onus law. The Reverse Onus law is a recent amendment to the Canadian Criminal Code that went into effect May 2008. The law …

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