Les éléments constitutifs de l'infraction d'abus de confiance criminel

R v Solar, 2012 SKQB 113 (CanLII)

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[10] For the accused to be found guilty of a breach of trust, Crown counsel must prove each of the following essential elements beyond a reasonable doubt:

(1) that the accused was a trustee of some thing;

(2) that the accused converted the thing to an unauthorized use; and

(3) that the accused intended to defraud.

The first two elements are the actus reus of the offence of breach of trust, and the third is the mens rea. I will deal with each separately.

[11] In respect to the actus reus, s. 2 of the Criminal Code defines a “trustee” as follows”

“trustee” means a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol;