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Motor Vehicle Reference.docx

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Western University
Philosophy 2080
James Hildebrand

04232014Motor Vehicle ReferenceSummarized conclusion on fundamental justice pg 173 principles of fundamental justice is not a right but a qualifier of the right not to be deprived of life liberty and security of the person its function is to set the parameters of that right s 814 address the specific deprivations of the right to life liberty and security of the person in breach of the principles of fundamental justice and as such violations of s 7they are illustrative of the meaning in criminal or penal law of principle of fundamental justicethey represent principles which have been recognized by the common law the international conventions and by the very fact of entrenchment in the charter as essential elements of a system for the administration of justice which is founded upon the belief in the dignity and worth of the human person and the rule of law principles of fundamental justice are to be found in the basic tenets and principles not only of our judicial process but of the other components of our legal system many of the principles are procedural in naturethe common law has largely been a law of remedies and procedures the history of liberty has largely been the history of observance of procedural safeguards However this is not to say that they are solely limited to procedural guarantees The proper approach to the determination of the principles of fundamental justice is one in which future growth will be based on historical rootswhether any principle may be said to be a principle of fundamental justice within the meaning of s 7 will rest upon an analysis of the nature sources rationale and essential role of that principle within the judicial process and in our legal system as it evolvesthus those words cannot be given any exhaustive content or simple enumerative definition but will take on concrete meaning as the courts address alleged violations of s 7 absolute liability and fundamental justice in penal law actus non facit reum nisi mens sit reainnocent not be punished absolute liability in penal law offends the principles of fundamental justice when it has the potential of depriving life liberty and security of the person imprisonment including probation orders deprives persons of their liberty combo of imprisonment and absolute liability violates s 7 and can only be salvaged if the authorities demonstrate under s 1 that such a deprivation of liberty in breach of the principles of fundamental justice is in a free and democratic society under the circumstances a justified reasonable limit to ones rights under s 7 in penal law absolute liability always offences principles of fundamental justice irrespective of the nature of the offenceit might only be salvaged by s 1 for such reasons of public interest administrative expediencyabsolute liabilitys main supportive argumentwill no doubt under s 1 be invoked and occasionally succeeds 1 may for reasons of administrative expediency successful come to the rescue of an otherwise violation of s 7 but only in cases arising out of exceptional conditions such as natural disasters war epidemics and the like
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