LA CHARTE CANADIENNE DES DROITS ET LIBERTES ET L'ELEMENT MORAL DES INFRACTIONS

Abstract

This article deals with section 7 of the Canadian Charter of Rights and Freedoms. The terms "principles of fundamental justice" as they apply to criminal law, are equated to mens rea. The American experience of judicial control is studied; the article concludes that a Canadian model can be developped, with the concept of mens rea as a constitutional norm. Such a result appears to be a logical consequence of the evolution of mens rea.