''R v Heywood'' 1994 3 S.C.R. 761 is a leading
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
decision on the concept of
fundamental justice
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as ...
in
section seven of the Charter. The Court found that section 179(1)(b) of the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
for
vagrancy
Vagrancy is the condition of homelessness without regular employment or income. Vagrants (also known as bums, vagabonds, rogues, tramps or drifters) usually live in poverty and support themselves by begging, scavenging, petty theft, temporar ...
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
Loitering is the act of remaining in a particular public place for a prolonged amount of time without any apparent purpose.
While the laws regarding loitering have been challenged and changed over time, loitering is still illegal in various j ...
.
In July 1989, Heywood was arrested in
Beacon Hill Park
Beacon Hill Park is a 75 ha (200 acre) 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 trail ...
in
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
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 to the Supreme Court of the province, then to the provincial Court of Appeal the conviction was upheld. Finally, the Supreme Court of Canada 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 is the act of remaining in a particular public place for a prolonged amount of time without any apparent purpose.
While the laws regarding loitering have been challenged and changed over time, loitering is still illegal in various j ...
" 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
In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as ...
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".
Dissent
The dissent, written by Gonthier J., with La Forest, L'Heureux-Dubé, and McLachlin JJ. concurring, found that the word "loiter" required an element of "malevolent intent" and therefore was not overbroad and did not violate section 7.
See also
*
List of Supreme Court of Canada cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the deci ...
External links
*
{{DEFAULTSORT:Heywood
Section Seven Charter case law
Supreme Court of Canada cases
1994 in Canadian case law
Canadian criminal case law
Vagrancy laws