R. v. Finta
Encyclopedia
R. v. Finta, [1994] 1 S.C.R. 701 is a landmark case decided by the Supreme Court of Canada
. The Court found that a 45-year delay before charging an individual under the crimes against humanity provisions of the Criminal Code of Canada
does not fall within the meaning of "unreasonable delay" under the Canadian Charter of Rights and Freedoms
. The period for "unreasonable delay" begins from the point that charges are laid.
was a commander of the Gendarmerie
in Szeged
, Hungary
during the Second World War
. After the war he immigrated to Canada and became a citizen in 1956. Evidence was discovered that suggested that he may have participated in the deportation of Jews from Hungary during the war. In 1988, he was charged with unlawful confinement, robbery, kidnapping and manslaughter under the war crimes provisions in the Criminal Code.
During the pre-trial, Finta's lawyers, Doug Christie
and Barbara Kulaszka
, challenged the constitutionality of the criminal charges as a violation of section 11(b)
of the Charter. The judge rejected this claim. However, at trial, the jury acquitted him on all counts. On the appeal by the Crown, the trial judgment was upheld including the dismissal of the Charter claim.
The Crown appealed the decision to the Supreme Court which upheld the decision in 1994.
In the earlier decision of R. v. Finta, [1993] 1 S.C.R. 1138 the Supreme Court granted standing
to intervene to the Human Rights League of B'nai B'rith Canada, the Canadian Jewish Congress
and InterAmicus.
Cory also found that the provisions did not violate section seven
of the Charter as the delay was not contrary to any principles of fundamental justice. Nor was there a violation of sections 11(a), 11(d), 11(g), 12, or 15.
Section 11(g) was particularly notable as it allowed Canadian courts to apply Canadian criminal law for acts that occurred outside of the country, but only where the acts were considered war crimes.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
. The Court found that a 45-year delay before charging an individual under the crimes against humanity provisions of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
does not fall within the meaning of "unreasonable delay" under the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The period for "unreasonable delay" begins from the point that charges are laid.
Background
Imre FintaImre Finta
Imre Finta was the first person prosecuted under Canada's war crimes legislation. He was charged in 1987 and acquitted in 1990.Imre Finta was a commander of the Gendarmerie in Szeged, Hungary during the Second World War. He immigrated to Canada in 1948 and settled in Toronto in 1953 where he...
was a commander of the Gendarmerie
Gendarmerie
A gendarmerie or gendarmery is a military force charged with police duties among civilian populations. Members of such a force are typically called "gendarmes". The Shorter Oxford English Dictionary describes a gendarme as "a soldier who is employed on police duties" and a "gendarmery, -erie" as...
in Szeged
Szeged
' is the third largest city of Hungary, the largest city and regional centre of the Southern Great Plain and the county town of Csongrád county. The University of Szeged is one of the most distinguished universities in Hungary....
, Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
during the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. After the war he immigrated to Canada and became a citizen in 1956. Evidence was discovered that suggested that he may have participated in the deportation of Jews from Hungary during the war. In 1988, he was charged with unlawful confinement, robbery, kidnapping and manslaughter under the war crimes provisions in the Criminal Code.
During the pre-trial, Finta's lawyers, Doug Christie
Doug Christie (lawyer)
Douglas Hewson "Doug" Christie, Jr. is a Canadian lawyer and far-right political activist based in Victoria, British Columbia.-Career:...
and Barbara Kulaszka
Barbara Kulaszka
Barbara Kulaszka is a Canadian lawyer known especially for her role in defending far-right figures.Kulaszka has been a member of the Law Society of Upper Canada since 1980 and has practiced law since 1987. She acted with Doug Christie as co-counsel to Holocaust denier Ernst Zündel in the 1980s and...
, challenged the constitutionality of the criminal charges as a violation of section 11(b)
Section Eleven of the Canadian Charter of Rights and Freedoms
Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by...
of the Charter. The judge rejected this claim. However, at trial, the jury acquitted him on all counts. On the appeal by the Crown, the trial judgment was upheld including the dismissal of the Charter claim.
The Crown appealed the decision to the Supreme Court which upheld the decision in 1994.
In the earlier decision of R. v. Finta, [1993] 1 S.C.R. 1138 the Supreme Court granted standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to intervene to the Human Rights League of B'nai B'rith Canada, the Canadian Jewish Congress
Canadian Jewish Congress
The Canadian Jewish Congress was one of the main lobby groups for the Jewish community in the country, although it often competed with the more conservative B'nai Brith Canada in that regard. At its dissolution, the president of the CJC was Mark Freiman. Its past co-presidents were Sylvain Abitbol...
and InterAmicus.
Opinion of the Court
The majority, written by Justice Cory, found that the delay did not engage section 11(b) of the Charter as the period of "unreasonable delay" begins at the time the charge is laid. A delay of 45 years, in fact, favours the accused as the memory of witnesses will be limited. Reasonableness depends, in part, on the amount of investigative work that it involved. Here, where investigation will easily stretch into years, a length of time amounting to 45 years is not beyond reason.Cory also found that the provisions did not violate section seven
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
of the Charter as the delay was not contrary to any principles of fundamental justice. Nor was there a violation of sections 11(a), 11(d), 11(g), 12, or 15.
Section 11(g) was particularly notable as it allowed Canadian courts to apply Canadian criminal law for acts that occurred outside of the country, but only where the acts were considered war crimes.