R v Vaillancourt
Supreme Court of Canada case / From Wikipedia, the free encyclopedia
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R v Vaillancourt, [1987] 2 S.C.R. 636, is a landmark case from the Supreme Court of Canada on the constitutionality of the Criminal Code concept of "constructive murder". The Court raised the possibility that crimes with significant "stigma" attached, such as murder, require proof of the mens rea element of subjective foresight of death, but declined to decide on that basis. Instead, they concluded that all crimes require proof of at least objective fault, that the particular provision at issue here did not meet that requirement, and therefore that provision of the Criminal Code for constructive murder was unconstitutional.
Quick Facts R v Vaillancourt, Hearing: December 10, 1986 Judgment: December 3, 1987 ...
R v Vaillancourt | |
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Hearing: December 10, 1986 Judgment: December 3, 1987 | |
Full case name | Yvan Vaillancourt v Her Majesty The Queen |
Citations | [1987] 2 S.C.R. 636 |
Docket No. | 18963 [1] |
Court membership | |
Chief Justice | Dickson |
Puisne Justices | Beetz, Estey, McIntyre, Chouinard*, Lamer, Wilson, Le Dain and La Forest JJ. (*)Chouinard took no part in judgment |
Reasons given | |
Majority | Lamer J. (paras. 1-43), joined by Dickson, Estey, Wilson J. |
Concurrence | Beetz J. (paras. 44-46), joined by Le Dain J. |
Dissent | McIntyre J. (paras. 47-54) |
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