ADMJ 103 Lecture Notes - Lecture 13: Arbitrary Arrest And Detention, Fundamental Justice
Document Summary
Section 7 of the charter life liberty and the security of person. Section 7 of the charter provides as follows: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Section 7 applies only in the context of deprivations of life, liberty, and security of the person, and this establishes a higher threshold than simply demonstrating that a right, privilege, or interest is affected. Singh v canada (minister of employment & immigration) (1985) (scc) administrative process in singh. The scc first considered the potential impact of s. 7 of the charter on. Where serious issues of credibility are involved, fundamental justice requires that credibility be determined on the basis of an oral hearing. Issues of credibility are almost always at stake in determining refugee status. Administrative convenience does not override the need to adhere to the principles of fundamental justice.
