Episode F14
Episode F14 — R. v. Sault Ste. Marie: Mens Rea, Strict Liability, and Absolute Liability
45 min · Feb 12, 2024
Now Playing
Episode F14 — R. v. Sault Ste. Marie: Mens Rea, Strict Liability, and Absolute Liability
00:00···
Episode Summary
This episode explains R. v. Sault Ste. Marie, the Supreme Court of Canada decision that established the three categories of offences in Canadian law: true criminal (full mens rea), strict liability (Crown proves the act, accused may raise due diligence), and absolute liability (no defence of due diligence). The episode connects this framework to fraud investigations, where the Criminal Code offence of fraud sits firmly in the true criminal category and requires proof of subjective knowledge. Investigators need to understand the difference because related regulatory offences in the same file may sit in the strict liability category.
What You'll Learn
- • The three categories of offences under Sault Ste. Marie
- • Why Criminal Code fraud requires subjective mens rea
- • How regulatory offences in the same file may differ in proof
Key Investigator Takeaways
- • Treat fraud as a full mens rea offence — prove what the accused knew
- • Identify any companion regulatory offences and their category
- • Tailor evidence collection to the proof standard for each charge
Cases Discussed
R v Théroux
[1993] 2 SCR 5
Elements of fraud — dishonest act and subjective knowledge
R v Zlatic
[1993] 2 SCR 29
Whether reckless conduct can amount to 'other fraudulent means'
R v Olan
[1978] 2 SCR 1175
Whether risk of economic loss satisfies the deprivation element
R v Riesberry
2015 SCC 65
Causation and risk of deprivation in fraud
Visual Mind Map
Investment Fraud
Ponzi-style schemes
False investment promise
Misrepresented returns
Investor funds
Sources and amounts
Fake returns
Performance fabrications
Ponzi payments
New money paying old
Misuse of funds
Diversion to operator
Concealment
Hidden losses and books
Business failure vs fraud
Théroux distinction
Investor deprivation
Loss to investors
Risk of loss
Exposure to harm
Bank records
Account flows
Corporate records
Ledgers, minutes
Promotional material
Marketing exhibits
Proceeds of crime
s. 462.31
Investigator takeaway
Trace flows + concealment
Transcript
Show transcript
Episode F14 walks through R. v. Sault Ste. Marie and the three categories of offences in Canadian law…