…the Crown may have proved all the elements of this offence, including the mens rea contained in the words "loiter or prowl," but Parliament has recognized that those words have elastic qualities and may, after an explanation advanced by the accused, lose their pejorative meaning. Thus a Romeo dallying with his Juliet at the water's edge of private beach property at night may be loitering or prowling within the meaning of s. 173 but Parliament has wisely provided that he should not be given a criminal record if his explanation is believed.
R. v. Tassou | (westlaw Canada)
1984 CarswellAlta 300 | (Westlaw Canada)
Alberta Provincial Court