The accused, a 43-year-old stranger, took an 8-year-old boy from a school yard in his car to take photographs of him, without the parents' knowledge or consent.
The trial judge granted a directed verdict of acquittal on the charge of abduction of a person under 14 years of age (s. 281 of the Criminal Code), finding no evidence of an 'unlawful' taking or intent to deprive the parents of possession.
The Court of Appeal dismissed the Crown's appeal.
The Supreme Court of Canada allowed the Crown's appeal and ordered a new trial, holding that 'unlawfully' in s. 281 does not require an additional unlawful act, and that the mens rea is satisfied if the accused foresaw that his actions were certain or substantially certain to deprive the parents of possession of the child.
