R V Ruzic Summary

Case Name : R.V. Ruzic
Facts: Marijana Ruzic age 21 , from Belgrade was charged with three offences, two of which proceeded to trial; unlawful importation of a narcotic contrary 5(1) of the Narcotic Control Act, and possession and use of a false passport contrary to s.368 of the Criminal Code . Ms.Ruzic Admitted to committing both offences but claimed that she did it because her mother’s life was put under danger. A man named Mirko Mirkovic two months prior to her coming to Canada threatened to harm her and her mother unless she helped him illegally smuggle heroin into Canada. On April 25, 1994 Mirkovic prepared Ms.Ruzic with three packages of heroin gave her a false passport and instructed her to go to Toronto; Ms.Ruzic was allegedly warned that if she did not comply her mother would be harm. Ms.Ruzic Arrived in Budapest on April 26 and left for Toronto two days later, on April 29. Ms.Ruzic Never seeked any type of police protection in fear that Belgrade police were corrupt and would do nothing to assist her. Ms.Ruzic successfully challenged the constitutionality

Her claim of duress did not meet the presence and immediacy requirements of s. 17 of the Criminal Code. When Ms.Ruzic committed the offence, Mirkovic the man who was threatening her was not present and she was not under any type of immediate threat, death or bodily harm. Ms.Ruzic successfully argued that s. 17 of the Code was unconstitutional because it violated her right to security of the person under s. 7 of the Canadian Charter of Rights and Freedoms. Ms.Ruzic was acquitted on the charge of importing heroin. The Crown appealed the acquittal on the charge of importing heroin, but the court of appeal dismissed the appeal. The Supreme Court agreed that s.17 breached s.7 of the Charter because then other people would be defenseless if the threat was not directly