R. v. Laba
Encyclopedia
R. v. Laba, [1994] 3 S.C.R. 965 is a leading Supreme Court of Canada
decision on the presumption of innocence
under section 11(d)
of the Canadian Charter of Rights and Freedoms
and the limitations provision under section 1
.
for selling or purchasing "any rock, mineral or other substance that contains precious metals unless he establishes that he is the owner or agent of the owner or is acting under lawful authority". The six men challenged the reverse onus clause which required that the accused establish that he or she was acting under lawful authority as a violation of the presumption of innocence.
, he found that the provision was not minimally impairing nor was it proportional.
As a remedy he held that the phrase "unless he establishes that" in the reverse onus clause be struck out and instead the phrase "in the absence of evidence which raises a reasonable doubt that" be read in.
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 presumption of innocence
Presumption of innocence
The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
under section 11(d)
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...
and the limitations provision under section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
.
Background
Six men were charged under s. 394(1)(b) of the Criminal Code of CanadaCriminal 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 selling or purchasing "any rock, mineral or other substance that contains precious metals unless he establishes that he is the owner or agent of the owner or is acting under lawful authority". The six men challenged the reverse onus clause which required that the accused establish that he or she was acting under lawful authority as a violation of the presumption of innocence.
Reasons of the court
Justice Sopinka, writing for the Court, examined whether the provision criminalizing the trade in stolen precious metal ore could be justified under section 1 as the Crown had already conceded that it violated section 11(d). Sopinka observed that there were a variety of situations where innocent people could be charged and convicted where they are unable to prove that their ore was legal. Moreover, the purpose and history behind the provision was not sufficiently supported by facts or data that proved the trade in stolen precious metal ore was a pressing and substantial matter. Sopinka, however, found that the purpose was rationally connected to the provision. On the minimal impairment step of the Oakes testSection One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
, he found that the provision was not minimally impairing nor was it proportional.
As a remedy he held that the phrase "unless he establishes that" in the reverse onus clause be struck out and instead the phrase "in the absence of evidence which raises a reasonable doubt that" be read in.