What is the mens rea of publication contempt?
British Columbia, Canada
The following excerpt is from R. v. CHBC Television, a division of WIC Television Ltd., 1999 BCCA 72 (CanLII):
51. In this court, counsel for the appellant made no reference to Creighton but sought to support the trial judge's view as to the mens rea of publication contempt by this passage in United Nurses v. Alberta, 1992 CanLII 99 (SCC), [1992] 1 S.C.R. 901 at 933. To establish criminal contempt the Crown must prove that the accused defied or disobeyed a court order in a public way (the actus reus), with intent, knowledge or recklessness as to the fact that the public disobedience will tend to depreciate the authority of the court (the mens rea).
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