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Criminal Law Keyed to Kadish
Regina v. Ruzic
Citation:
2001 SCC 24Facts
Marijana Ruzic, a 21-year-old Serbian woman, was charged with importing heroin into Canada and using a false passport. She testified that a man in Belgrade threatened to harm her mother if she did not transport drugs to Canada. The man kept her mother under surveillance and was not physically present when Ruzic committed the offense in Canada. Section 17 of the Criminal Code would have denied Ruzic the duress defense because it requires the threatener to be physically present when the offense is committed. Ruzic challenged the constitutionality of these restrictions, arguing they violated her rights under s. 7 of the Charter by potentially punishing morally involuntary conduct.
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