Life, Liberty, and Security of the Person:
Security of the Person:
State induced psychological stress is harm to the psychological health of the individual. The
question that stemmed after Morgentaler : does security go beyond health and safety of the
person? Woman has loss of control over her body.
• Terminally Ill with ALS. Physically debilitating. Person maintains full state of
• She needed assistance to end her life. Scared she might fail in an attempt on
her own and make her condition worse.
• Criminal code offence prohibited her from ending her life.
Section 7 does not protect anything in terms of property or money.
Re: BC Motor Vehicles Act
• A piece of legislation that stated driving while your licence is suspended whether
you know it is or not is an offence. As soon as you develop a certain number of
demerit points your licence is suspended.
• Punishment: fine and mandatory incarceration
• Questions raised about the constitutionality. The courts set out 3 types of
1) Mens Rea: You intended the action to occur.
2) Strict liability offensive: doesn’t matter if you intended to do the act, as long as you
committed it. If you took reasonable care to avoid committing the offense, you can
3) Absolute liability offensive: if you do the act you are guilty no ifs ands or butts.
In this case driving without a licence it was an absolute liability offense. It was found this
offended the fundamental justice. Does the substance of the act its self-violate fundamental
Found to apply to the substance and the process of the law giving it a broader definition
Definition: Principles of fundaments justice are to be found in the basic tenants of the legal
Incorporate all legal rights in charter (s.8-14).
All we can point to is a series of examples where the court has found a violation of this, to help
further define exactly what they mean by this. “Basic Tenets of Legal System”
Re: BC Motor Vehicles Act. Missing
Basic Tenets of Legal system Missing
Proportionality of pu