What is the test for using words "operating mind" in a statute?

British Columbia, Canada

The following excerpt is from R. v. Richard, 1980 CanLII 460 (BC CA):

I reject the approach of those who take the words "operating mind" from the judgment in Ward and analyze them as though they were found in a statute. Nagotcha v. R. (1980), 1980 CanLII 30 (SCC), 51 C.C.C. (2d) 353, 109 D.L.R. (3d) 1, 32 N.R. 204 (S.C.C.), shows that that is not proper.

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