POLSCI 3FR3 Lecture Notes - Lecture 8: Fundamental Justice, Procedural Justice, Slut
15 May 2018
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Wednesday, March 7, 2018
3RF3 Charter of Rights and Freedoms
Principles of fundamental justice!
-(Section 7, one of the three of life liberty or security of the person) (demonstrate any
of the previous 5 tests, but must prove both of the following) !
-Procedural versus Substantive Justice!
• BC Motor Vehicles Reference (motor vehicle license, driving without knowing your
license expired, yet the punishment of incarceration is disproportionate and
violated a principle of fundamental justice)!
•What are the principles of fundamental justice?!
-Definition!
•The Basic Tenants of the Legal System !
-Includes rights set out in secs. 8-14!
-BC motor vehicles reference!
•Supreme court refused to set out an explicit list of principles, instead
saying that they are commonly understood principles that justice systems
in Canada employ!
•Two things: bare minimum, we know that they consist in due process
rights (procedural justice), sec. 8-14 establish a relatively comprehensive
set of due process rights, it includes those things, but may also include
other things, just a case by case basis to find out what they are!
-Some examples!
•Proportionality of punishment (guilt, culpability:punishment) (also if
criminal, section 12, cruel and unusual punishment) (immigration
statutes may have disproportionate punishment also)!
•Law should not be overly broad !
-They should only extend as far as is necessary to accomplish their
purpose !
•Law should not be vague !
#1
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Document Summary
(section 7, one of the three of life liberty or security of the person) (demonstrate any of the previous 5 tests, but must prove both of the following) De nition: the basic tenants of the legal system. 8-14 establish a relatively comprehensive set of due process rights, it includes those things, but may also include other things, just a case by case basis to nd out what they are. Some examples: proportionality of punishment (guilt, culpability:punishment) (also if criminal, section 12, cruel and unusual punishment) (immigration statutes may have disproportionate punishment also, law should not be overly broad. They should only extend as far as is necessary to accomplish their purpose: law should not be vague. We have to understand the law in order to comply, could a reasonable person understand what is necessary to comply with the law, and is there a standard that the state employs to.
