The accused was charged with importing heroin and using a false passport after being threatened by a man in Belgrade who said he would harm her mother if she did not comply.
She raised the common law defence of duress, successfully arguing that the strict immediacy and presence requirements of section 17 of the Criminal Code violated section 7 of the Charter.
The Supreme Court of Canada held that it is a principle of fundamental justice that only voluntary conduct should attract criminal liability.
The Court found that section 17's requirements were too restrictive, infringed section 7, and could not be justified under section 1.
The Crown's appeal was dismissed and the acquittal upheld.
