Mens rea

Mens rea, Latin for 'guilty mind,' is the fault element of a criminal offence: the state of mind the Crown must prove the accused had when committing the prohibited act. Depending on the offence, the required mens rea may be intention, knowledge, recklessness, or wilful blindness, and some offences require proof of a specific ulterior purpose.

In Canadian criminal law, the Crown must generally prove both the actus reus (the guilty act) and the mens rea beyond a reasonable doubt before an accused can be convicted of a true criminal offence. Regulatory offences work differently, often on a strict liability basis where a due diligence defence is available.

In practice, mens rea is where many trials are fought: the conduct may be admitted while the accused's intent or knowledge is contested. Research on a particular offence typically focuses on how courts have defined its precise fault element.