Background
Decision maker Maximo Morales was being investigated in his participation in a cocaine importation ring in Canada. He was arrested in December 1990 and charged with trafficking and possession for the purpose of trafficking under the Narcotics Control Act and Criminal Code.
At his bail hearing the judge denied his release and ordered him to be detained until the trial. The detention was based on section 515 of the Code which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused will ... commit a criminal offence or interfere with the administration of justice".
Morales applied for a review of the judge's order. He was granted release with conditions. The release was appealed to the Supreme Court of Canada. The issue before the Supreme Court was whether the "public interest" component of section 515 violated sections 7, 9, 11(d) or 11(e) of the Charter, and if so, whether it could be saved under section 1.
Opinion of the Court
Chief Justice Lamer, for the majority, found that the "public interest" component violated the accused right not to be denied reasonable bail under section 11(e) of the Charter and could not be saved under section 1. He ordered the words "in the public interest" be declared of no force or effect.
Lamer examined the phrase "in the public interest" and found that it was vague and imprecise, and so could not be used to frame a legal debate that could produce a structured rule. Thus, the phrase violated the doctrine of vagueness and authorized detention without "just cause". On the justification analysis under section 1, he found that the provision was not rationally connected to its purpose as it allowed pre-trial detention where it was not related to the objective. It also failed to be minimally impairing, as it permitted more detentions than necessary, and it was not proportional, as the deleterious effect outweighed the objective.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
R v Martineau, [1990] 2 SCR 633 is a leading Supreme Court of Canada case on the mens rea requirement for murder.
Canadian Foundation for Children, Youth and the Law v Canada (AG), [2004] 1 S.C.R. 76, 2004 SCC 4 – known also as the spanking case – is a leading Charter decision of the Supreme Court of Canada where the Court upheld section 43 of the Criminal Code that allowed for a defence of reasonable use of force by way of correction towards children as not in violation of section 7, section 12 or section 15(1) of the Charter.
R v Heywood 1994 3 S.C.R. 761 is a leading Supreme Court of Canada decision on the concept of fundamental justice in section seven of the Charter. The Court found that section 179(1)(b) of the Criminal Code for vagrancy was overbroad and thus violated section 7 and could not be saved under section 1.
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. There are nine enumerated rights protected in section 11.
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act and several other peripheral statutes.
R v Keegstra, [1990] 3 SCR 697 is a freedom of expression decision of the Supreme Court of Canada where the court upheld the Criminal Code provision prohibiting the wilful promotion of hatred against an identifiable group as constitutional under the freedom of expression provision in section 2(b) of the Canadian Charter of Rights and Freedoms. It is a companion case to R v Andrews.
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.
R v Swain, [1991] 1 S.C.R. 933 is a leading constitutional decision of the Supreme Court of Canada on certain rights of the mentally ill in their criminal defence. The case concerned a constitutional challenge of the common law rule permitting the Crown to adduce evidence of an accused's insanity and section 542(2) of the Criminal Code, which allowed for the indeterminate detention of an accused who is found not guilty by reason of "insanity". The Court held that both the common law rule and the Code provision were unconstitutional. As a result, the Court created a new common law rule that was constitutional, and Parliament created new laws of what to do with individuals who were found not criminally responsible by reason of a mental disorder. The parties to the case were the appellant, Swain, the respondent, the Crown, and the following interveners: the Attorney General of Canada, the Lieutenant Governor's Board of Review of Ontario, the Canadian Disability Rights Council, the Canadian Mental Health Association, and the Canadian Association for Community Living.
R v Lucas is the leading Supreme Court of Canada decision on the criminal offence of defamatory libel. The Court held that the Criminal Code offence of defamatory libel infringed the constitutional protection of freedom of expression under Section 2(b) of the Canadian Charter of Rights and Freedoms, but the offence was a reasonable limit prescribed by law under Section 1 of the Charter.
R v Wong, [1990] 3 S.C.R. 36, is a leading decision of the Supreme Court of Canada on the evidence obtained by electronic video surveillance conducted without authorization. The Court held that individuals have a reasonable expectation of privacy in a hotel room. This expectation does not depend on whether those persons were engaging in illegal activities. Therefore, individuals can expect that agents of the state will not engage in warrantless video surveillance. Electronic surveillance without authorization violates Section Eight of the Canadian Charter of Rights and Freedoms. However, for this particular case, the Supreme Court held that the police acted in good faith and had reasonable and probable ground to believe criminal activities were committed. The surveillance without authorization was a result of misunderstanding. Hence, acceptance of the surveillance as evidences will not bring the administration of justice into disrepute under Section Twenty-four of the Canadian Charter of Rights and Freedoms.
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.
Section 9 of the Canadian Charter of Rights and Freedoms, found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. Section nine states:
9. Everyone has the right not to be arbitrarily detained or imprisoned.
R v Hall, [2002] 3 S.C.R. 309, 2002 SCC 64 is a leading case decided by the Supreme Court of Canada on the right not to be denied bail without just cause under section 11(e) of the Charter.
R v Grant, 2009 SCC 32 is a leading decision of the Supreme Court of Canada on section 9, section 10 and section 24(2) of the Canadian Charter of Rights and Freedoms ("Charter"). The Court created a number of factors to consider when determining whether a person had been detained for the purpose of sections 9 and 10 of the Charter. The Court also created a new test for determining whether evidence obtained by a Charter breach should be excluded under section 24(2) of the Charter, replacing the Collins test.
Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.
R v Kang-Brown, [2008] 1 S.C.R. 456, 2008 SCC 18, is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police do not have the right to perform a sniffer-dog search of public spaces when such search is not specifically authorized by statute. In this case, a suspect's section 8 rights under the Canadian Charter of Rights and Freedoms ("Charter") were violated when a police officer stopped him at a bus station and sniffer-dog searched his bag finding drugs in his possession.
R v Spencer, 2014 SCC 43 is a landmark decision of the Supreme Court of Canada on informational privacy. The Court unanimously held that internet users were entitled to a reasonable expectation of privacy in subscriber information held by Internet Service Providers. And as such, police attempts to access such data were subject to section 8 of the Charter of Rights and Freedoms.
R v Zora, 2020 SCC 14 is a case in which the Supreme Court of Canada held unanimously that the offence of breaching bail conditions under the Criminal Code requires subjective mens rea.
