R v Zora | |
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Hearing: December 4, 2019 Judgment: June 18, 2020 | |
Full case name | Her Majesty the Queen v Chaycen Michael Zora |
Citations | 2020 SCC 14 |
Docket No. | 38540 [1] |
Prior history | Judgment for the Crown in the British Columbia Court of Appeal |
Ruling | Appeal allowed |
Holding | |
Section 145(3) of the Criminal Code requires subjective mens rea | |
Court membership | |
Chief Justice | Richard Wagner |
Puisne Justices | Rosalie Abella, Michael Moldaver, Andromache Karakatsanis, Suzanne Côté, Russell Brown, Malcolm Rowe, Sheilah Martin, Nicholas Kasirer |
Reasons given | |
Unanimous reasons by | Martin J |
Laws applied | |
Criminal Code s 145(3) [now ss 145(4) and 145(5)] |
R v Zora, 2020 SCC 14 is a case in which the Supreme Court of Canada held unanimously that the offence of breaching bail conditions under the Criminal Code requires subjective mens rea.[2][3]
In our view, there is only one suitable standard to limit unreasonable punishment and to protect the fundamental Charter values of liberty and equality: A subjective standard that takes the into account individual circumstances of the accused person. The Court agreed.