Fundamental Justice

Section 7 of the Canadian Charter of Rights and Freedoms


Section 7 of the Canadian Charter of Rights and Freedoms provides that “[e]veryone 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.” This book sets out what these principles are and outlines the place of section 7 in the constitutional order; how courts decide whether a particular legal principle is so fundamental that it merits recognition under section 7; the conditions under which section 7 will apply to a legal dispute; the legal norms that have been recognized, or rejected, as principles of fundamental justice under section 7; and the very limited circumstances in which an infringement of section 7 will be justified under section 1. The book is underlined by the view that the principles of fundamental justice are important to the legal order of a free and democratic society.

Table of Contents

Chapter 1: Introduction
Chapter 2: Engaging Section 7
Chapter 3: Defining the Principles of Fundamental Justice
Chapter 4: Substantive Principles of Fundamental Justice
Chapter 5: Procedural Fairness as a Principle of Fundamental Justice
Chapter 6: Justifying Infringements of Section 7
Chapter 7: The Significance of Section 7
Table of Cases

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