Duke v. The Queen S.C.R. 917 was a landmark decision by the Supreme Court of Canada on the Canadian Bill of Rights.
The accused in the case was charged with drunk driving contrary to the Criminal Code of Canada after having been taken to a police station and given a breathalyzer. While the breathalyzer test results were given to the accused's lawyer, the breath sample itself was not. This raised the concern as to whether the accused would be able to have a full defence, as is expected under common law rules of natural justice. According to the Supreme Court, the legislative history of the Criminal Code indicated that it was intended that the accused need not be given breath samples.
The case thus involved section 2(e) of the Bill of Rights, which states that everyone has "the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations." In Duke, the Court considered the meaning of the term "fundamental justice." This phrase had an ambiguous meaning, whereas the term natural justice was understood to provide certain procedural legal protections.
Read more about Duke V. The Queen: Decision, Concurrence, Aftermath
Famous quotes containing the words duke and/or queen:
“It seemed a long way from 143rd Street. Shaking hands with the Queen of England was a long way from being forced to sit in the colored section of the bus going into downtown Wilmington, North Carolina. Dancing with the Duke of Devonshire was a long way from not being allowed to bowl in Jefferson City, Missouri, because the white customers complained about it.”
—Althea Gibson (b. 1927)
“Ah petal, dust and wind-fall
on the ground queen awaiting queen.”
—Hilda Doolittle (1886–1961)