Opinion of The Court
The Court held that knowledge was required. Cartwright J., writing for the majority stated that it is a fundamental principle of criminal law that the mens rea of an element of an offence must be proven to secure a conviction. It has been established that provisions in the Drug Act are criminal law, and that any offence that allows a punishment of prison requires proof of mens rea.
The Court held that Beaver did not know the character of the substance, and he was acquitted of possession. However, he did represent the substance as a narcotic and therefore was convicted on the charge of selling a narcotic.
Read more about this topic: Beaver V. R.
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