761 is a leading Supreme Court of Canada decision on the concept of fundamental justice in section seven of the Charter.

In July 1989, Heywood was arrested in Beacon Hill Park in Victoria for loitering "at or near a playground" under section 179(1).

The case turned on the interpretation of the word "loiter" in section 179(1)(b) which states: 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.

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.

concurring, found that the word "loiter" required an element of "malevolent intent" and therefore was not overbroad and did not violate section 7.