Opinion of The Court
There were three opinions:
- Lamer – with Dickson, La Forest and Cory – held that section 16(4) violated s. 11(d) of the Charter, but was saved under section 1. He also held that the judge erred in interpreting the word "wrong" in section 16(4).
- Wilson held that section 16(4) violated 11(d) and was not justified by section 1. She also held that the judge erred in interpreting the word "wrong" and erred in his instructions to the jury regarding the defence.
- Gonthier held that section 16(4) did not violate section 11(d) and that the judge erred in interpreting the word "wrong".
The accused were convicted of first degree murder. The only defence raised at trial was insanity, but this defence was rejected by the jury. The Court of Appeal upheld the conviction. This appeal is to determine (1) whether s. 16(4) of the Criminal Code, which provides that "Every one shall, until the contrary is proved, be presumed to be and to have been sane", infringes the presumption of innocence guaranteed in s. 11(d) of the Canadian Charter of Rights and Freedoms; and, if so, whether s. 16(4) is justifiable under s. 1 of the Charter; (2) whether the meaning of the word "wrong" in s. 16(2) of the Code should be restricted to "legally wrong"; (3) whether s. 16(3) of the Code provides an alternative defence if the conditions of s. 16(2) were not met; and (4) whether the trial judge erred in permitting the Crown to split its case by presenting its evidence with respect to the sanity of the accused in rebuttal.
Read more about this topic: R. V. Chaulk
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