CRIM 335 Chapter Notes - Chapter 13: Fundamental Justice, Procedural Justice, Natural Person
8 Nov 2018
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Document Summary
Life, liberty, and security of the person and the principles of fundamental justice. 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. Scope of guarantee is potentially significant & far-reaching. In early decision, sc stated that process of elaborating meaning of s. 7 would necessarily be gradual & case-by-case exercise. S. 7 has had significant impact in criminal law context where it has been held to extend important procedural & substantive guarantees to persons accused of crime. Unlike some other modern rights protection instruments, s. 7 of charter does not explicitly protect socio-economic rights such as right to welfare/housing/health care. S. 7 still has important & often controversial role to play outside of criminal justice context. All laws constrain liberty in its widest sense.
