''R v Morales'',
992
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3 S.C.R. 711, is a case decided by the
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 ...
. The Court found that the "public interest" basis for pre-trial detention under section 515 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 ...
'' violated
section 11(e) of the ''
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
'', 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.
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
The ''Narcotic Control Act'' (the ''Act''), passed in 1961, was one of Canada's national drug control statutes prior to its repeal by the 1996 ''Controlled Drugs and Substances Act.'' It implemented the provisions of the Single Convention on Nar ...
'' and ''Criminal Code''.
At his
bail
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 ...
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.
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
*
case summary at mapleleafweb.com
{{DEFAULTSORT:Morales
Canadian Charter of Rights and Freedoms case law
Supreme Court of Canada cases
1992 in Canadian case law
Canadian criminal procedure case law
Bail