The accused brought a constitutional challenge arguing that section 281 of the Criminal Code (abduction of a child under 14) is overly broad and creates an absolute liability offence that could criminalize innocent persons helping lost children.
The court dismissed the application, relying on the Supreme Court of Canada's decision in R. v. Chartrand.
The court held that section 281 requires mens rea, specifically the intent to deprive a parent or guardian of possession of the child, and preserves all common law and statutory defences.
