SOSC 3360 Lecture Notes - Lecture 13: Fundamental Justice, Absolute Liability, Procedural Justice
16 Mar 2016
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Section 7 its different from other the sections, because within it, it contains its own restrictions. Within section 7, you have a right and a limit on that right. Ex. the right not to be deprived thereof except in a demonstrably justified society. Question for the courts: does the restriction of a section 7 right accord with a democratic society? (with fundamental justice?) The government can argue that the law is in accordance with a free and democratic society and if the fail also, they need to go to section 1 afterwards. The key in understanding this section, in trying to define the primary fundamental justices. Case about absolute liability offence if someone is in b. c. and is driving without a license, and the are caught, all that the crown just needs to prove that the license was suspended. They do not have to prove whether or not someone knew that their license was suspended.
