Heywood 1994

[Azalee Freas]

R v Heywood 1994 3 S.C.R. 761 is a leading Supreme Court of Canada decision on the concept of fundamental justice in section seven of the Charter. The Court found that section 179(1)(b) of the Criminal Code for vagrancy was overbroad and thus violated section 7 and could not be saved under section 1.

In July 1989, Heywood was arrested in Beacon Hill Park in Victoria for loitering "at or near a playground" under section 179(1). He had been spotted several times previously near the playground carrying a camera with a telephoto lens. Upon arrest the police got a search warrant and found collections of pictures of children at play.

At trial, Heywood argued that the law violated section 7, 11(d), 12, and 15 of the Charter. The court found a violation of 7 and 11(d) which was justified under section 1. Heywood was convicted. On appeal to the Supreme Court of the province, then to the provincial Court of Appeal the conviction was upheld. Finally, the Supreme Court of Canada affirmed the violations of section 7 and 11(d) but also found that they could not be saved under section 1, and so the conviction was overturned.

In a 5 to 4 decision, the Court dismissed the appeal, finding a section 7 violation that could not be saved. The majority was written by Cory J. with Lamer C.J., Sopinka, Iacobucci, and Major JJ. concurring.

Cory states that the word should be given its ordinary, dictionary meaning, which is "to stand idly around, hang around, linger, tarry, saunter, delay, dawdle", and it does not contain any element of malevolent intent. He further claims that such a meaning supports the purpose of the section to protect children. "Malevolent intent" - a lesser degree of intent than unlawful intent - is too broad, vague, and subjective, says Cory.

Given this interpretation, Cory finds that the law infringes the principles of fundamental justice as it is more restrictive than necessary and applies too broadly. That is, "without prior notice to the accused, to too many places, to too many people, for an indefinite period with no possibility of review".

The dissent, written by Gonthier J., with La Forest, L'Heureux-Dub, and McLachlin JJ. concurring, found that the word "loiter" required an element of "malevolent intent" and therefore was not overbroad and did not violate section 7.

Mark Heywood is a South African human rights and social justice activist based in Johannesburg. He studied English language and literature at Oxford University and later African literature at the University of the Witwatersrand. His political activism commenced in the early 1980s in England as a member of the Militant Tendency and continued in South Africa as a leader of the Marxist Workers Tendency of the ANC.

After South Africa achieved its liberation in 1994, Mark joined the AIDS Law Project (ALP) alongside Justice Edwin Cameron and Zackie Achmat. His activism in civil society spans the whole of the democratic period in South Africa. Between 1997 and 2010 he was the head of the ALP, one of South Africa's most successful post-apartheid human rights organizations. Later he co-founded SECTION27, a public interest law centre that seeks to influence, develop and use the law to protect, promote and advance human rights, which incorporated the ALP in 2010. He was also one of the founders of the Treatment Action Campaign (TAC) in 1998, the AIDS and Rights Alliance of Southern Africa (ARASA), Corruption Watch and Save South Africa.

Mark stepped down as Executive Director of SECTION27 in May 2019. He is now dividing his time between a position as the founding co-editor of a new civil society/social justice segment of the South Africa's most widely read online news source, the Daily Maverick (launched in September 2019), Maverick Citizen, and research on activism and strategies to ensure the enforceability of socio-economic rights and the alignment of economic policy with state duties to realise these rights.

He is the former executive director and co-founder of SECTION27, a public interest law center that seeks to influence, develop, and use the law to protect, promote, and advance human rights, as well as a co-founder of the Treatment Action Campaign. He sits on the boards of several health and human rights NGOs in South Africa and abroad. He is currently the editor of Maverick Citizen, a section that focuses on activism, human rights, and social justice.

Previously, he worked for the Marxist Workers Tendency of the ANC. During this time, he was instrumental in setting up campaigns such as the Philemon Mauku Defence Campaign, the Leeukop Political Prisoners Support Committee, and the Johannesburg Inner City Community Forum.

Heywood joined the AIDS Law Project in 1994, becoming its head in 1997 and executive director in 2006. In 2007, he was elected as deputy chairperson of the South African National AIDS Council. He was also the chairperson of the UNAIDS Reference Group on HIV/AIDS and Human Rights between 2006 and 2012. In 2009, Heywood was appointed as a member of the Ministerial Advisory Committee on National Health Insurance.

Lynn joined the Heywood Maternity Team in April of 1994, and in her time here has become not only an exceptional nurse but a leader in her department. Here is just a little of what people have to say about her!

Lynn has stepped up to assist the staff during our time of transition by helping with our new documentation process and helping with OB staff education. She also became a Certified Lactation Consultant so our patients have access to this valuable resource both when here as a patient and after birth through her Lactation Support Group. Lynn exemplifies all Heywood strives to be!

Heywood Hospital is a member of Heywood Healthcare, an independent, community-owned healthcare system dedicated to providing quality healthcare services to the residents of North Central Massachusetts. It is comprised of:

The mission of All American Athlete a 501(c)3 Non-Profit Charity, has been to develop and assist young people in becoming better citizens and student-athletes through guidance, encouragement, and instruction. We are as committed as ever to our primary mission of serving the youth in our program.

All American Athlete was co-founded by Heywood and Sue Hunt in 1994. We provide dedicated, driven coaches, teachers, and role models in a safe environment that empowers youth to discover their true potential. We go beyond physical success on the court.

My association with, and connection to, All American Athlete goes back before it was established in 1994. Being a teammate of Heywood Hunt I was always exposed to the vision. After many years of playing together and after taking over the rights to NorthStar Basketball, in 2020 we decided that our missions were so similar that we decided to bring NorthStars in as the basketball piece of All American Athlete.

The draw for me to get involved in AAA really began with my own daughter. Seeing how these gentlemen treated her, encouraged her, and helped her to be the strong young woman she has become is well worth the time commitment and I want everyone who is interested to have that same opportunity.

The coaches are well respected in the community and have shown that they are tuned in to supporting young women and
men in the areas of sports competition, sportsmanship, fellowship, and life skills that will carry them through their journeys.

He holds a BA Honours degree in English Language and Literature from Balliol College, Oxford University. After graduating from Oxford in 1986 he worked for the Marxist Workers Tendency of the ANC, first in London and then from 1989 to 1994 in South Africa. During this time he was instrumental in setting up campaigns such as the Philemon Mauku Defence Campaign, the Leeukop Political Prisoners Support Committee and the Johannesburg Inner City Community Forum.

Mr Heywood has written extensively on HIV, human rights and the law, including co-editing the AIDS and the Law Resource Manual and Health & Democracy: A guide to human rights, health law and policy in post-Apartheid South Africa. He has been part of the legal teams of the AIDS Law Project and the Treatment Action Campaign that have been involved in all the major litigation around HIV and human rights in South Africa.

Dr. Chen attended the University of Pittsburgh, Pittsburgh, PA, for her undergraduate education, where she studied Neuroscience, English Writing, and American Sign Language. She then went on to Rutgers Robert Wood Johnson Medical School, Piscataway, NJ. Dr. Chen then completed her residency in Obstetrics and Gynecology at the Mountain Area Health Education Center (MAHEC) in Asheville, NC. Dr. Chen's clinical interests include prenatal and postpartum care, contraception counseling, pelvic pain, infertility, urinary incontinence, and more.

Kelly Garcia, MD, received her medical degree from the University of Florida College of Medicine, Gainesville, FL in 2014. She then went through her residency with the MAHEC Family Medicine Residency Program in Asheville, and continued with Blue Ridge Health during a 1-year Maternal-Child Health Fellowship. She then joined the BRH practice in Clyde.

Born in Parkersburg, WV, Dr. Kinter received his B.A... degree in Microbiology from Clemson University, SC. He received his medical degree from the University of SC in Charleston. He completed his family medicine residency at the Carolinas Medical Center in Charlotte, NC in 1994 and has been Board Certified in Family Medicine since 1994. He is certified in the Neonatal Resuscitation Program (American Academy of Pediatrics) and Pediatric Advanced Life Support (PALS - American Heart Association) as well as Neonatal Advanced Life Support (NALS). Dr. Kinter serves as the Chief of the Maternal Child Health Service at Haywood Regional Medical Center and on the Board of Trustees.

Dr. Traci N. Lombard received her medical degree from the Kirksville College of Osteopathic Medicine, Kirksville, MO and her post-graduate training was at the Phoenix Children's Hospital/Maricopa Medical Center in Pheonix, AZ where she completed a Pediatrics residency. She also holds a B.A. in Mathematics from Trinity University in San Antonio, TX. She is certified by the American Board of Pediatrics.

c80f0f1006