Title: Fundamental justice : section 7 of the Canadian Charter of Rights and Freedoms /
Authors: Stewart, Hamish
Year: 2019
Subjects: Canada.; Canada; Canadian Charter of Rights and Freedoms (Canada); Civil rights Canada; Droits de l'homme Canada.; Civil rights; Canada
Abstract: "This book outlines the place of section 7 of the Charter 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 second edition has been extensively revised to take into account several significant changes in the law over the last several years. The Supreme Court of Canada decisions in Canada (Attorney General) v Bedford (2013) and Carter v Canada (Attorney General) (2015) revisited issues that it had dealt with under section 7 of the Charter some decades before, but reached startlingly different results. Criminal Code provisions relating to sex work and to physician-assisted dying which had previously survived Charter scrutiny were now, the Court unanimously said, unconstitutional because they affected the life, liberty, and security of persons who were trying to comply with the law in a manner that did not comply with the principles of fundamental justice. These landmark decisions are extensively analyzed in this second edition, which also includes other developments in the caselaw relating to section 7 of the Charter."--
Contents: Introduction -- Engaging section 7 -- Defining the principles of fundamental justice -- Substantive principles of fundamental justice -- Procedural fairness as a principle of fundamental justice -- Justifying infringements of section 7 -- The significance of section 7.