R. v. Turpin, [1989] 1 S.C.R. 1296 is a leading constitutional case of the Supreme Court of Canada

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...

. The Court held that the requirement for a murder trial to be conducted in front of a judge and jury did not violate the right to trial by jury under sections 11(f)

Section Fifteen of the Canadian Charter of Rights and Freedoms

Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...

 or the equality guarantee under section 15

Section Eleven of the Canadian Charter of Rights and Freedoms

Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights 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...

 of the Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

.

Background

Sharon Turpin and Latif Siddiqui were tried for first degree murder in Ontario. As with all murder trials, they must be tried in front of a judge and jury according to ss. 427, 429 and 430 of the Criminal Code of Canada

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"...

. The Turpin and Siddiqui challenged the constitutionality of the provisions on two grounds. First, they claimed that section 11(f) of the Charter granted them a right to choose between judge alone or judge and jury, which was violated by the Code provisions. Second, they argued that since there is an exception to the Code provisions for trials in Alberta, there was a violation of their right to equality under section 15 of the Charter.

At trial, the judge found that the provisions were unconstitutional for violating both sections. On appeal, the ruling was overturned.

Opinion of the Court

Justice Wilson, writing for the Court, dismissed the appeal and found that there was no violation. She found that section 11(f) did not protect selection of mode of trial, nor did it protect the right to trial by judge alone. On the equality issue she found that persons living outside of Alberta did not constitute a "disadvantaged group" as required in a successful claim.