CDAS was granted leave to intervene in the upcoming Supreme Court of Canada appeal in R. v. Zora on December 4, 2019. Matt Nathanson and Chantelle van Wiltenburg will be representing CDAS.
The Court will be asked to determine whether the mental element for s. 145(3) (breach of recognizance) is objective or subjective. CDAS argues that the broad scope of criminalized conduct, the experience of marginalized groups, and the criminal justice system’s finite resources all support the imposition of a subjective standard.
Click here for CDAS's intervener factum.