Fundamental Justice

Section 7 of the Canadian Charter of Rights and Freedoms

Overview

Section 7 of the Canadian Charter of Rights and Freedoms provides that โ€œ[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.โ€ 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

Preface
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
Index

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