What is the mens rea for recklessness?

British Columbia, Canada


The following excerpt is from British Columbia Insurance Corp. v. Kraiger, 2002 BCCA 521 (CanLII):

There is also another approach. The mens rea may also be found in recklessness. In Sansregret v. The Queen, 1985 CanLII 79 (SCC), [1985] 1 S.C.R. 570, recklessness, as a state of mind, was said to be this at p. 582: It is found in the attitude of one who, aware that there is danger that his conduct could bring about the result prohibited by the criminal law, nevertheless persists, despite the risk. It is, in other words, the conduct of one who sees the risk and who takes the chance. It is in this sense that the term 'recklessness' is used in the criminal law and it is clearly distinct from the concept of civil negligence.

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