WDW101Y1 Lecture Notes - Actus Reus, Indictable Offence, Culpable Homicide
Document Summary
Step 1: does the law infringe the right to life, the right to liberty or the right to security of the person? (any arrest /penalties with possibility for imprisonment, the answer is always yes) Step 2: if yes, does it do so in a way that is inconsistent with the principles of fundamental justice (overbreadth, vagueness, minimum requirement for mens rea etc. ), don"t get a s. 7 violation until you pass step 2, if it is consistent with any principles of fundamental of justice than it is a violation, if not then it isn"t. Laws that violate s. 7 cannot be saved under s. 1" therefore, no s. 1/oakes analysis, because s. 7 has its own internal balancing, it"s not possible to deny liberty interests in a way that is fundamentally unfair . A law can be consistent with section 7 but not with other charter rights.