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''Beaver v R'' () is a leading decision of the Supreme Court of Canada on the mens rea requirement in criminal law to prove "possession". The Court held that an offence based on possession, such as possession of a narcotic, requires the Crown to prove that the accused had subjective knowledge of the nature of the object in possession. ==Background== Louis Beaver and his brother Max Beaver were arrested selling heroin to an undercover RCMP officer and charged with possession and sale of an illegal narcotic under the Opium and Narcotic Drug Act. Max was the one in actual physical possession of the drug but Louis was charged by association as he knew Max had the heroin. In defence, Louis claimed that he thought the package was milk sugar and that they were only trying to defraud the RCMP officer. At trial, the judge instructed the jury by telling them that if they find that they were in possession their actual knowledge was irrelevant. The issue before the Supreme Court was whether a conviction based on possession requires knowledge of the nature of the object. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Beaver v R」の詳細全文を読む スポンサード リンク
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