R. v. Swain

From Wikipedia, the free encyclopedia

R. v. Swain, [1991] S.C.R. is a leading constitutional decision of the Supreme Court of Canada. The Court held that section 542(2) of the Criminal Code, which allowed for the indeterminate detention of an accused who is found not guilty by reason of mental incapacity, was valid federal law.

The Court found that the pith and substance of the provision was "to protect society against dangerous individuals". A preventative law such as this was considered to be a valid part of criminal law.

The Court also held that the provision allowing for detention to be of indeterminate duration was in violation of section 7 of the Canadian Charter of Rights and Freedoms.