Reasons of the court
Justice Sopinka, writing for the Court, examined whether the provision criminalizing the trade in stolen precious metal ore could be justified under section 1 as the Crown had already conceded that it violated section 11(d). Sopinka observed that there were a variety of situations where innocent people could be charged and convicted where they are unable to prove that their ore was legal. Moreover, the purpose and history behind the provision was not sufficiently supported by facts or data that proved the trade in stolen precious metal ore was a pressing and substantial matter. Sopinka, however, found that the purpose was rationally connected to the provision. On the minimal impairment step of the Oakes test, he found that the provision was not minimally impairing nor was it proportional.
As a remedy he held that the phrase "unless he establishes that" in the reverse onus clause be struck out and instead the phrase "in the absence of evidence which raises a reasonable doubt that" be read in.
A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment.
R v Oakes, [1986] 1 SCR 103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause (section 1) of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if it can be "demonstrably justified in a free and democratic society".
Vriend v Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation. The case involved a dismissal of a teacher because of his sexual orientation and was an issue of great controversy during that period.
R v Wholesale Travel Group Inc [1991] 3 S.C.R. 154, is a leading Supreme Court of Canada case on the distinction between "true crime" and regulatory offences.
De Jonge v. Oregon, 299 U.S. 353 (1937), was a case in which the Supreme Court of the United States held that the Fourteenth Amendment's due process clause applies to freedom of assembly. The Court found that Dirk De Jonge had the right to speak at a peaceful public meeting held by the Communist Party, even though the party generally advocated industrial or political change in revolution. However, in the 1950s with the fear of communism on the rise, the Court ruled in Dennis v. United States (1951) that Eugene Dennis, who was the leader of the Communist Party, violated the Smith Act by advocating the forcible overthrow of the United States government.
Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by the state for public offences. There are nine enumerated rights protected in section 11.
Little Sisters Book and Art Emporium v Canada [2000] 2 S.C.R. 1120, 2000 SCC 69 is a leading Supreme Court of Canada decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms. It was held that the Customs Act, which gave broad powers to customs inspectors to exclude "obscene" materials, violated the right to freedom of expression under section 2 but was justifiable under section 1.
Rodriguez v British Columbia (AG), [1993] 3 SCR 519 is a landmark Supreme Court of Canada decision where the prohibition of assisted suicide was challenged as contrary to the Canadian Charter of Rights and Freedoms ("Charter") by a terminally ill woman, Sue Rodriguez. In a 5–4 decision, the Court upheld the provision in the Criminal Code.
R v Chaulk, [1990] 3 SCR 1303 is a leading decision of the Supreme Court of Canada on the interpretation and constitutionality of section 16(4) of the Criminal Code, which provides for a mental disorder defence. Two accused individuals challenged the section as a violation of their right to the presumption of innocence under section 11(d) of the Charter of Rights and Freedoms ("Charter"). The Court upheld the section and provided a basis on which to interpret the section.
A reverse onus clause is a provision within a statute that shifts the burden of proof onto the individual specified to disprove an element of the information. Typically, this provision concerns a shift in burden onto a defendant in either a criminal offence or tort claim. For example, the automotive legislation in many countries provides that any driver who hits a pedestrian has the burden of establishing that they were not negligent.
Borowski v Canada (AG), [1989] 1 S.C.R. 342 is the leading Supreme Court of Canada decision on mootness of an appealed legal issue. The Court declined to decide whether the fetus had a right to life under sections 7 and 15 of the Canadian Charter of Rights and Freedoms. Had they found in favour of Borowski, stricter laws against abortion in Canada would have to have been enacted. Thus, along with the later Supreme Court case Tremblay v Daigle (1989), Borowski "closed off litigation opportunities by [the] pro-life".
R v Skinner, [1990] 1 SCR 1235, is a leading constitutional decision of the Supreme Court of Canada on the freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms ("Charter").
Winko v British Columbia , [1999] 2 S.C.R. 625 is a Supreme Court of Canada decision on constitutionality of the mental health laws in the Criminal Code under section 7 and section 15 of the Canadian Charter of Rights and Freedoms.
Canada v Schmidt, [1987] 1 S.C.R. 500, is a decision by the Supreme Court of Canada on the applicability of fundamental justice under the Canadian Charter of Rights and Freedoms on extradition. While fundamental justice in Canada included a variety of legal protections, the Court found that in considering the punishments one might face when extradited to another country, only those that "shock the conscience" would breach fundamental justice.
R v Morales, [1992] 3 S.C.R. 711, is a case decided by the Supreme Court of Canada. The Court found that the "public interest" basis for pre-trial detention under section 515 of the Criminal Code violated section 11(e) of the Canadian Charter of Rights and Freedoms, the right not to be denied reasonable bail, as it authorized detention on vague and imprecise grounds, and could not be saved by section 1.
R v Noble, [1997] 1 S.C.R. 874 is a leading decision of the Supreme Court of Canada on the right to silence under section 11(c) of the Canadian Charter of Rights and Freedoms. The court held that the silence of an accused cannot be given any independent weight.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:
The passage of the Canadian Charter of Rights and Freedoms in 1982 allowed for the provision of challenging the constitutionality of laws governing prostitution law in Canada in addition to interpretative case law. Other legal proceedings have dealt with ultra vires issues. In 2013, three provisions of the current law were overturned by the Supreme Court of Canada, with a twelve-month stay of effect. In June 2014, the Government introduced amending legislation in response.
The presumption of supply is a rebuttable presumption in criminal law which is governed by the New Zealand Misuse of Drugs Act 1975. It provides an assumption in drug-possession cases that if a person is found with more than a specified amount of a controlled drug, they are in possession of it for the purpose of supply or sale. This shifts the burden of proof from the Crown to the person found with the drug, who must prove that they possessed it for personal use and not for supply. Note that once the burden of proof has shifted, the burden is one on the balance of probabilities. This presumption exists to make prosecution for supplying drugs easier. In 2007, the Supreme Court ruled that the presumption of supply is inconsistent with section 25(c) of the New Zealand Bill of Rights Act 1990.
