The respondent pleaded guilty to having care and control of a motor vehicle while impaired.
He was subsequently charged with wilfully failing to comply with a probation order requiring him to keep the peace and be of good behaviour.
At trial, he testified he did not know he was breaking the law because he believed the car could not be started.
The trial judge acquitted him of the breach of probation charge, finding he lacked the requisite mens rea.
The Crown appealed.
The Supreme Court of Canada dismissed the appeal, holding that the offence of wilfully failing to comply with a probation order requires its own mens rea, and an honest belief that one is not committing the underlying offence negates the wilful intent required for a breach.
