How Guilty Are You?

The prosecution must prove beyond a reasonable doubt that you committed the illegal act(s). Earlier, under the disclosure section, we looked for anything that may cast doubt upon your guilt. In other words, anything that breaks the direct link between what the officer or witness observed and your actions. In this section we look at the type of defence you can use based on the offence you committed and the burden of proof to convict you.

In R. v. Sault Ste. Marie, the Supreme Court classified all offences into three categories:

• mens rea
• strict liability
• absolute liability

It is important to understand these concepts as it will determine the type of defence you argue. Relax, it's not that hard to understand!