Beaver v R
Supreme Court of Canada case / From Wikipedia, the free encyclopedia
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Beaver v The Queen [1957] is a leading decision of the Supreme Court of Canada on the mens rea requirement in criminal law to prove "possession". The Court held that an offence based on possession, such as possession of a narcotic, requires the Crown to prove that the accused had subjective knowledge of the nature of the object in possession.
Quick Facts Beaver v The Queen, Hearing: May 30, 1957 Judgment: June 26, 1957 ...
Beaver v The Queen | |
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Hearing: May 30, 1957 Judgment: June 26, 1957 | |
Full case name | Louis Beaver v. Her Majesty the Queen |
Citations | [1957] S.C.R. 531 |
Prior history | Judgment for the Crown in the Court of Appeal for Ontario. |
Ruling | Appeal allowed in part. |
Holding | |
A person must know that the substance they possess is a drug to be guilty of possession of that drug. | |
Court membership | |
Chief Justice: Patrick Kerwin Puisne Justices: Robert Taschereau, Ivan Rand, Roy Kellock, Charles Holland Locke, John Robert Cartwright, Gerald Fauteux, Douglas Abbott, Henry Grattan Nolan | |
Reasons given | |
Majority | Cartwright J., joined by Rand and Locke J. |
Dissent | Fauteux J., joined by Abbott J. |
Kerwin C.J., and Taschereau, Kellock, and Nolan JJ. took no part in the consideration or decision of the case. |
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