Choose ONE criminal offence as set out by either the Criminal Code or the Controlled Drugs and Substances Act. Provide a background and history about the original legislative creation of the offence in Canada. Define any key definitions/terms (if any) that are specific to your offence which are necessary to understand that offence. Discuss the current status of this offence in Canada. Has it changed from its original status? What was the impetus for this change? What is the actus reus of the crime? How is it defined? What are the specific requirements needed to prove the offence? Has this changed? How?
What is the mens rea of the crime? How is it defined? It is a specific or general-intent offence? What are the specific requirements needed to prove the offence? Has this changed? How?Identify the available defences for this offence. How do they apply? Why do they apply? What is needed in order to rely upon this defence? Is it a defence on the act or the intention? What are the main/specific principles of sentencing with respect to this offence? How are these offences treated by the legislation (i.e. mandatory minimums?)? If there is a mandatory minimum, has it been struck down? Is there a range with respect to the available sentences?
Provide an overall assessment of this offence in Canada and whether the principles/issues and jurisprudence discussed above will remain static for the foreseeable future, whether they will evolve or change entirely. Do you see this offence changing in the future (intention requirements, act requirements, defences, sentencing)? What would be the impetus for this change?
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