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Mark Halfyard

Mark Halfyard

Senior appellate criminal lawyer at Daniel Brown Law LLP in Toronto; Law Society of Ontario certified specialist with 20+ years of experience and 400+ Court of Appeal arguments.

Jun 30, 2026

Richard WagnerMODERATOR
173:16
Mark Alfjords.
173:25
Good afternoon, Chief Justice.
173:27
Justices, the CLA makes two submissions on this appeal.
173:32
The first is that there is no clear intent by Parliament to make sexual assault an objective-based mens rea offence.
173:40
In other words, the independent pathway conversation that was the thread of a number of questions today, for simply that would lead to a conviction for failing to take reasonable steps should be rejected.
173:53
And in fact, it was rejected.
173:55
rejected in the Morrison decision.
177:13
ask you this question in terms of if the subjective approach to mens rea is the one that governs if the Crown must always prove subjective mens rea and 273.2 has not been raised by the Defence? Is the jury to be charged that the Crown must prove mens rea, but you cannot have a belief in the accused's belief, or you can't decide on the basis of self-induced intoxication? Is that now become a necessary part of the jury charge?

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