What is the test for an offence under section 281 of the Criminal Code of Canada?
Ontario, Canada
The following excerpt is from R. v. Leach, 1995 CanLII 10351 (ON CJ):
[20] At page 21 [C.R.] of The Queen v. Chartrand, Justice L’Heureux-Dubé stated: General principles of mens rea apply to the words “with intent to”, and, accordingly, in order to conclude that the mens rea of the offence under section 281 has been made out, it is sufficient that the taker knows or foresees that his or her actions would be certain or substantially certain to result in the parents’ (guardians’, etc.) being deprived of the ability to exercise control over the child.
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