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t. e. Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person.
- Everyone
- Life, Liberty and Security of The Person
- Principles of Fundamental Justice
All individuals physically present in Canada will benefit from the protection of section 7 (Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177 at page 202; Charkaoui (2007), supra at paragraphs 17-18). Where individuals are affected by a Canadian or foreign government action that took place outside Canada, the extent to which they...
General
The guarantees under section 7 typically arise in connection with the administration of justice, which has in turn been defined as “the state’s conduct in the course of enforcing and securing compliance with the law” (Gosselin v. Québec (Attorney General), [2002] 4 S.C.R. 429 at paragraph 77; New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] 3 S.C.R. 46 at paragraph 65; Prostitution Reference - Reference re: Criminal Code, section 193, paragraph 195.1(1)(c)(Man. C.A...
(i) Right to life
The right to life is engaged where the law or state action imposes death or an increased risk of death, either directly or indirectly (Carter v. Canada (Attorney General), [2015] 1 S.C.R. 331 at paragraph 62; Chaoulli, supra at paragraphs 112-124 and 200). Concerns about autonomy and quality of life are properly treated as liberty and security interests (Carter, supra at paragraph 62). Although the sanctity of life is a fundamental societal value, the right to life does not give rise to a dut...
(ii) Right to liberty
The liberty interest protected under section 7 has at least two aspects. The first aspect is directed to the protection of persons in a physical sense and is engaged when there is physical restraint such as imprisonment or the threat of imprisonment (R. v. Vaillancourt, [1987] 2 S.C.R. 636 at page 652), arrest (Fleming v. Ontario, [2019] 3 S.C.R. 519 at paragraph 65),custodial or non-custodial detention (R. v. Swain, [1991] 1 S.C.R. 933; Winko v. British Columbia (Forensic Psychiatric Institu...
General
The principles of fundamental justice are not limited to procedural matters but also include substantive principles of fundamental justice (Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 486 at paragraphs 62-67). The principles of fundamental justice are to be found in the basic tenets of our legal system, including the rights set out in sections 8-14 of the Charter (Re B.C. Motor Vehicle Act, supra at paragraphs 29-30) and the basic principles of penal policy that have animated legislative and j...
(i) Substantive fundamental justice
The balancing of individual and societal interests within section 7 is relevant when elucidating a particular substantive principle of fundamental justice. However, societal interests or matters of public policy such as health care costs, which are unrelated to a principle of fundamental justice, should be considered under section 1 (Malmo-Levine, supra at paragraph 98; Bedford, supraat paragraphs 125-126). The principles of fundamental justice include the principles against arbitrariness, ov...
(ii) Procedural fundamental justice
The principles of fundamental justice incorporate at least the requirements of the common law duty of procedural fairness (Singh, supra at pages 212-13; Lyons, supra, at page 361; Suresh, supra at paragraph 113; Ruby, supra at paragraph 39). They also incorporate many of the principles set out in sections 8-14 of the Charter (Re B.C. Motor Vehicle Act, supra at paragraphs 29-30) and are “inextricably intertwined” with the requirements of s. 11(d) (R. v. Rose, [1998] 3 S.C.R. 262 at paragraph...
The Canadian constitutional framework is foundational to the contemporary Canadian legal system. This section provides a brief introduction to that framework. Governance is about systems of social organization and control and governmental power is the capacity to establish and maintain such systems. The ‘constitution’ of a society has been ...
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- Fundamental freedoms. Everyone in Canada is free to practise any religion or no religion at all. We are free to think our own thoughts, speak our minds, to gather peacefully into groups and to associate with whomever we wish, as long as we do not infringe valid laws which protect the rights and interests of others.
- Democratic rights. Every Canadian citizen has the right to vote in elections for Members of Parliament and representatives in provincial and territorial legislatures, and to seek election themselves, subject to certain limited exceptions (for example, minimum voting age), which have been found to be reasonable and justifiable.
- Mobility rights. Canadian citizens have the right to enter, remain in, or leave the country. Canadian citizens and permanent residents have the right to live or seek work anywhere in Canada.
- Legal rights. Everyone, regardless of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability, is equal before the law.
For Fuller, law has an ‘internal morality’. In his view, a legal system is the purposive human ‘enterprise of subjecting human conduct to the guidance and control of general rules’. A legal system must conform to certain procedural standards, or what may appear to be a legal system is simply the bare exercise of state coercion.
Nov 21, 2023 · Estoppel is a judicial device in common law legal systems where a court may prevent or “estop” a person from making assertions or from going back on their word; the rationale being that it would be unjust or inequitable to permit them to do so. It arises from the law of equity, with the fundamental principle being that one should not be ...
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Oct 16, 2013 · By developing substantive safeguards in domestic law, the state ‘translates’ the on private actors non-binding international legal obligation into binding domestic law. The most obvious example being that, while a murderer cannot be charged with a violation of Art. 2 ECHR (the right to life), he can be charged with the crime of murder under domestic law.
