Ron Fainstein

The appellant was convicted of first degree murder and sentenced to life imprisonment without parole eligibility for 25 years under Criminal Code provisions enacted after the offence was committed.

Had she been tried under the law in force at the time of the offence, her parole ineligibility would have been between 10 and 20 years.

After serving 10 years in an Ontario penitentiary, she applied for habeas corpus and Charter relief, arguing her continued detention under the 25-year ineligibility period violated s. 7 of the Charter.

The Supreme Court of Canada held that the Ontario courts had jurisdiction to issue habeas corpus, that the remedy was appropriate to review the legality of her parole ineligibility, and that applying s. 7 to her continuing deprivation of liberty did not constitute a retrospective application of the Charter.

The Court declared her eligible for parole.

The appellants appealed as of right from a judgment of the Alberta Court of Appeal that allowed the Crown's appeals from their acquittals on charges of trafficking in cocaine and ordered a new trial.

The Supreme Court of Canada dismissed the appeals, finding no error in the Court of Appeal's decision to direct a new trial.

The accused was charged with possession of unlawfully imported goods under the Customs Act.

The Crown proved possession and foreign origin, relying on a reverse onus provision to establish unlawful importation.

The Supreme Court of Canada held that applying the reverse onus without the Crown showing some knowledge or means of knowledge of the importation by the accused would impose an impossible burden, violating the presumption of innocence under the Canadian Bill of Rights.

The Crown's appeal was dismissed.