R. v. Morin, (1989) 79 Sask.R. 251 (CA)

• Judge: Bayda, C.J.S., Vancise and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: November 15, 1989
• Jurisdiction: Saskatchewan
• Citations: (1989), 79 Sask.R. 251 (CA)

R. v. Morin (1989), 79 Sask.R. 251 (CA)

MLB headnote and full text

Willie Alphonse Morin (appellant) v. R. (respondent)

(No. 2468)

Indexed As: R. v. Morin

Saskatchewan Court of Appeal

Bayda, C.J.S., Vancise and Sherstobitoff, JJ.A.

November 15, 1989.

Summary:

The accused man was convicted of having sexual intercourse with a female under age 14 contrary to s. 146(1) of the Criminal Code, R.S.C. 1970, c. C-34. He was sentenced to six years' imprisonment. He appealed from conviction on the ground that s. 146(1) discriminated against him as a male contrary to s. 15(1) of the Charter, because females were not subject to a similar charge respecting males under age 14.

The Saskatchewan Court of Appeal dismissed the appeal and held that although s. 146(1) denied equality to males, it did not do so with discrimination.

Civil Rights - Topic 1066

Discrimination - By sex - What constitutes - The accused man, who was charged with sexual intercourse with a female under age 14 contrary to s. 146(1) of the Criminal Code, challenged the validity of s. 146(1) on the ground that it discriminated against him as a male contrary to s. 15(1) of the Charter, because females were not subject to a similar charge respecting males under 14 - The Saskatchewan Court of Appeal held that s. 146(1) denied the accused equality, but not with discrimination, so s. 146(1) did not violate s. 15(1) of the Charter.

Civil Rights - Topic 1130

Discrimination - Criminal and quasi-criminal law - On basis of sex - [See Civil Rights - Topic 1066 above].

Civil Rights - Topic 5645

Equality and protection of the law - Particular cases - Sexual offences - Sexual intercourse with female under age 14 - [See Civil Rights - Topic 1066 above].

Civil Rights - Topic 8583

Canadian Charter of Rights and Freedoms - Practice - Who may raise Charter issues (incl. standing) - The accused man, who was charged with sexual intercourse with a female under age 14 contrary to s. 146(1) of the Criminal Code, challenged the validity of s. 146(1) on the ground that it protected females under age 14, but not males under age 14 and was therefore discriminatory contrary to s. 15(1) of the Charter - The Saskatchewan Court of Appeal held that the accused had no standing to challenge s. 146(1) on the basis of discrimination to others, where he failed to show that the right of boys under age 14 to protection of the law was seriously diminished ("chilling effect") - See paragraphs 8 to 11.

Criminal Law - Topic 700

Sexual offences - Sexual intercourse with female under age 14 - [See Civil Rights - Topic 1066 above].

Cases Noticed:

R. v. Monk (1985), 43 Sask.R. 318, overruled [para. 5].

Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143; 91 N.R. 255; [1989] 2 W.W.R. 289, appld. [para. 7].

R. v. Turpin, Siddiqui and Clauzel, [1989] 1 S.C.R. 1296; 96 N.R. 115; 34 O.A.C. 115; 69 C.R.(3d) 97, appld. [para. 7].

R. v. S.B. and H.B., [1989] 5 W.W.R. 621; 76 Sask.R. 308; 50 C.C.C.(3d) 34, appld. [para. 7].

R. v. Smith (E.D.), [1987] 1 S.C.R. 1045; 75 N.R. 321, appld. [para. 10].

R. v. Big M Drug Mart, [1985] 1 S.C.R. 295; 58 N.R. 81; 60 A.R. 161; 18 C.C.C.(3d) 385; 18 D.L.R.(4th) 321; [1985] 3 W.W.R. 481; 37 Alta. L.R.(2d) 97; 85 C.L.L.C. 14,023; 13 C.R.R. 64, refd to. [para. 10].

R. v. Drybones, [1970] S.C.R. 282, consd. [para. 14].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1, sect. 15(1) [para. 3].

Criminal Code, R.S.C. 1970, c. C-34, sect. 146(1) [para. 3].

Counsel:

Robert Richards, for the Crown;

Barry Singer, for the appellant accused.

This case was heard on January 29, 1987, before Bayda, C.J.S., Vancise and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal.

On November 15, 1989, Bayda, C.J.S., delivered the following judgment for the Court of Appeal: