R v Hundal [1993] 1 S.C.R. 867, is one of several landmark Supreme Court of Canada cases where the court showed its first signs of moving away from the strict requirement for subjectively proven mens rea in criminal offences. Background The accused, Mr. Hundal, was driving an overloaded dump truck above the speed limit through downtown Vancouver. When Mr. Hundal entered an intersection on a red light he collided with a car that had also just entered the intersection on a green light, killing the driver. The accused claimed that he entered the intersection on a yellow and did not have time to stop. However, the trial judge rejected this based on the evidence of several eyewitnesses. Mr. Hundal was convicted of dangerous driving causing death under s.249(1) of the Criminal Code. His appeal to the British Columbia Court of Appeal was dismissed. Reasoning Justice Peter Cory, writing for the majority, recognised that mens rea could be proven subjectively or objectively depending on the offence. The offence at issue should be assessed objectively within the context of all the surrounding events. "The trier of fact must be satisfied that the conduct amounted to a marked departure from the standard of care that a reasonable person would observe in the accused's situation." [emphasis added] On this modified objective standard it was found that Mr. Hundal was driving in a manner that was dangerous to public safety. Analysis A truck driver negligently drove through a red light killing the driver of another car. The facts of the case are not important, only in that they invoke the Supreme Court to assess whether the charge of dangerous driving, found under sec. 249(1) of the CC, should be assessed objectively or subjective. The Justices were unanimous in their agreement that it should be assessed objectively, but differed as to why they had reached that decision. The majority (six justices), headed by Justice Sopinka, were of this opinion: the nature of driving offences suggests that a modified objective test is appropriate. They listed the following reasons: The licensing requirement – each driver demonstrates that they are mentally and physically capable of driving before they are licensed. Moreover, it serves to confirm that those who drive are familiar with the standards of care required by all drivers. Additionally, drivers choose to engage in the activity of driving, and thus, place themselves in a position of responsibility.