R. v. Heywood
Encyclopedia
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.
In July 1989, Heywood was arrested in Beacon Hill Park
in Victoria
for loitering "at or near a playground" under section 179(1). He had been spotted several times previously near the playground carrying a camera with a telephoto lens. Upon arrest the police got a search warrant and found collections of pictures of children at play.
At trial, Heywood argued that the law violated section 7, 11(d), 12, and 15 of the Charter. The court found a violation of 7 and 11(d) which was justified under section 1. Heywood was convicted. On appeal, the court affirmed the violations of section 7 and 11(d) but also found that they could not be saved under section 1, and so the conviction was overturned.
The case turned on the interpretation of the word "loiter
" in section 179(1)(b) which states:
Cory states that the word should be given its ordinary, dictionary meaning, which is "to stand idly around, hang around, linger, tarry, saunter, delay, dawdle", and it does not contain any element of malevolent intent. He further claims that such a meaning supports the purpose of the section to protect children. "Malevolent intent" - a lesser degree of intent than unlawful intent - is too broad, vague, and subjective, says Cory.
Given this interpretation, Cory finds that the law infringes the principles of fundamental justice
as it is more restrictive than necessary and applies too broadly. That is, "without prior notice to the accused, to too many places, to too many people, for an indefinite period with no possibility of review".
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the concept of fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
in section seven
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
of the Charter. The Court found that section 179(1)(b) of the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
for vagrancy was overbroad and thus violated section 7 and could not be saved under section 1.
Background
In 1987, Heywood was convicted under section 246.1(1) (now s. 271(1)) of the Criminal Code for sexual assault of children. The conviction made him subject to section 179(1)(b) which prevented certain convicted individuals from loitering.In July 1989, Heywood was arrested in Beacon Hill Park
Beacon Hill Park
Beacon Hill Park is a 75 ha park located along the shore of Juan de Fuca Strait in Victoria, British Columbia. The park is popular both with tourists and locals, and contains a number of amenities including woodland and shoreline trails, two playgrounds, a waterpark, playing fields, a petting...
in Victoria
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...
for loitering "at or near a playground" under section 179(1). He had been spotted several times previously near the playground carrying a camera with a telephoto lens. Upon arrest the police got a search warrant and found collections of pictures of children at play.
At trial, Heywood argued that the law violated section 7, 11(d), 12, and 15 of the Charter. The court found a violation of 7 and 11(d) which was justified under section 1. Heywood was convicted. On appeal, the court affirmed the violations of section 7 and 11(d) but also found that they could not be saved under section 1, and so the conviction was overturned.
Reasons of the court
In a 5 to 4 decision, the Court dismissed the appeal, finding a section 7 violation that could not be saved. The majority was written by Cory J. with Lamer C.J., Sopinka, Iacobucci, and Major JJ. concurring.The case turned on the interpretation of the word "loiter
Loitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
" in section 179(1)(b) which states:
- 179. (1) Every one commits vagrancy who ...
- (b) having at any time been convicted of an offence under section ... section 271..., is found loitering in or near a school ground, playground, public park or bathing area.
Cory states that the word should be given its ordinary, dictionary meaning, which is "to stand idly around, hang around, linger, tarry, saunter, delay, dawdle", and it does not contain any element of malevolent intent. He further claims that such a meaning supports the purpose of the section to protect children. "Malevolent intent" - a lesser degree of intent than unlawful intent - is too broad, vague, and subjective, says Cory.
Given this interpretation, Cory finds that the law infringes the principles of fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
as it is more restrictive than necessary and applies too broadly. That is, "without prior notice to the accused, to too many places, to too many people, for an indefinite period with no possibility of review".