R. v. Swain

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R. v. Swain, [1991] 1 S.C.R. 933 is a leading constitutional decision of the Supreme Court of Canada on certain rights of the mentally ill in their criminal defence. The case concerned a constitutional challenge of the common law rule permitting the Crown to adduce evidence of an accused's insanity and 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. The Court held that both the common law rule and the Code provision were valid federal law.

[edit] Reasons of the Court

Chief Justice Lamer wrote the majority opinion.

On the issue of the constitutionality of the Code provisions, 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.