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Encyclopedia > Section Seven of the Canadian Charter of Rights and Freedoms
Canadian Charter
of Rights and Freedoms
v  d  e ]
Preamble
Guarantee of Rights and Freedoms
1
Fundamental Freedoms
2
Democratic Rights
3, 4, 5
Mobility Rights
6
Legal Rights
7, 8, 9, 10, 11, 12, 13, 14
Equality Rights
15
Official Languages of Canada
16, 16.1, 17, 18, 19, 20, 21, 22
Minority Language Education Rights
23
Enforcement
24
General
25, 26, 27, 28, 29, 30, 31
Application of Charter
32, 33
Citation
34

Section Seven 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. This Charter provision provides both substantive and procedural rights.[1] It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance[2] and public health care.[3] As such, it has proven to be a controversial provision in the Charter. The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... The preamble to the Canadian Charter of Rights and Freedoms is the introductory sentence (preamble) to the Constitution of Canadas Charter of Rights and Constitution Act, 1982. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. ... The Canadian Charter of Rights and Freedoms. ... 3. ... Section Four of the Canadian Charter of Rights and Freedoms is one of three democratic rights sections in the Charter. ... Section Five of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, and the last of three democratic rights in the Charter. ... The right to live and work anywhere in Canada. ... Section 8 - SEARCH OR SEIZURE. 8. ... Section Nine of the Canadian Charter of Rights and Freedoms, found under the Legal rights heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. ... 10. ... crap ... Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individuals freedom from cruel and unusual punishments in Canada. ... Section Thirteen of the Canadian Charter of Rights and Freedoms is the section of the Charter which specifies rights regarding self incrimination. ... Section Fourteen of the Canadian Charter of Rights and Freedoms is the last section under the Legal rights heading in the Charter. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... (1) English and French are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the Parliamnet and government of Canada. ... Section Sixteen One of the Canadian Charter of Rights and Freedoms is the newest section of the Charter. ... (1) Everyone has the right to use English or French in any debates or other proceedings of Parliament. ... Section Eighteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Nineteen of the Canadian Charter of Rights and Freedoms is one of the provisions of the Charter that addresses rights relating to Canadas two official languages, English and French. ... Section Twenty of the Canadian Charter of Rights and Freedoms is one of the sections of the Charter dealing with Canadas two official languages, English and French. ... Section Twenty-one of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-two of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-three of the Canadian Charter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec. ... Enforcement Enforcement of guaranteed rights and freedoms 24. ... Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading General in the Canadian constitutions Charter, and like other sections within the General sphere, it aids in the interpretation of rights elsewhere in the Charter. ... Section Twenty-six of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society. ... Section Twenty-seven of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the... Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Canadian constitutions bill of rights. ... Section Twenty-nine of the Canadian Charter of Rights and Freedoms is the section of Charter that most specifically addresses rights regarding denominational schools and separate schools. ... Section Thirty of the Canadian Charter of Rights and Freedoms is a section of the Charter that, like other provisions within the section 25 to section 31 bloc, provides a guide as to how Charter rights should be interpreted and applied by Canadian courts. ... Section Thirty-one of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, which clarifies that the Charter does not increase the powers of either the federal government or the legislatures of the provinces of Canada. ... Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ... Section Thirty-four of the Canadian Charter of Rights and Freedoms is the last section of Canadas Charter of Rights, which is entrenched in the Constitution Act, 1982. ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... Substantive rights, are basic human rights possessed by people in an ordered society and includes rights granted by natural law as well as the substantive law. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...


There are three types of protection within the section, namely the right to life, liberty, and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. The term right to life is a political term used in controversies over various issues that involve the taking of a life (or what is perceived to be a life). ... Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ... Security of person or security of the person is a human right guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. ... Fundamental justice is a term in Canadian administrative law that signifies those basic procedural rights that are afforded anyone or anybody facing an adjudicative process or procedure that affects fundamental rights. ...

Contents

Text

Under the heading of "Legal Rights", the section states:

7. Everyone 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.

Application

The wording of section 7 says that it applies to "everyone". This includes all people within Canada including non-citizens.[4] It does not, however, apply to corporations.[5]


Section 7 rights can also been violated by the conduct of a party other than a Canadian government body. The government need only be a participant or complicit in the conduct threatening the right, where the violation must be a reasonabley forseeable consequence of the government actions.[6]


Section 7, however, does not convey positive rights nor does it impose any positive obligations upon the government.[7] A Positive right is a right, either moral or decreed by law, to be provided with something so that it is incumbent upon another to act, as opposed to a negative right which is a right to not be subject to the action of another. ...


Life

See also: Right to life

First, there is the right to life, which stands generally as the basic right to be alive. It has had very little legal impact (arguments that the fetus has a right to life, which would have banned abortion, were dismissed in Borowski v. Canada (Attorney General) due to mootness), but life has been thoroughly discussed by the Supreme Court in the 1993 case Rodriguez v. British Columbia (Attorney General). In that case, the Court denied that the section 7 right to bodily control could trump the right to life and thereby justify assisted suicide. As the Court wrote, it was a common societal belief that "human life is sacred or inviolable," and therefore security of the person itself could not include a right to suicide; suicide would destroy life and thus be inherently harmful. The term right to life is a political term used in controversies over various issues that involve the taking of a life (or what is perceived to be a life). ... Human fetus at eight weeks. ... Holding With section 251 of the Criminal Code having already been found unconstitutional, questions of whether it violates fetal rights are moot. ... This article is about the law term moot. ... Holding Criminal prohibition of suicide does not violate the Charter. ... Euthanasia (Greek, good death) is the practice of killing a person or animal, in a painless or minimally painful way, for merciful reasons, usually to end their suffering. ... Suicide (Latin sui caedere, to kill oneself) is the act of intentionally taking ones own life. ...


Liberty

See also: Liberty

Secondly, there is the right to liberty, which protects an individual's freedom to act without physical restraint (i.e., imprisonment would be inconsistent with liberty unless it is consistent with fundamental justice). However, the right has been extended to include the power to make important personal choices. The court described it as "[touching] the core of what it means to be an autonomous human being blessed with dignity and independence in matters that can be characterized as fundamentally or inherently personal." (R. v. Clay, 2003) That is, the concept extends beyond physical restraint by the government as it goes to the core of the human experience. Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has immunity from the arbitrary exercise of authority. ... A prison is a place in which people are confined and deprived of a range of liberties. ... This article is about virtue. ... R. v. ...


The right to choice is probably an individual right only, as opposed to also being a family right or a union right. In the 1995 Supreme Court case B. (R.) v. Children’s Aid Society, in which two parents attempted to block a certain treatment for their child on religious grounds, it was argued that the personal choice aspect of liberty guaranteed family privacy. This argument drew from United States case law, but the Supreme Court of Canada pointed out section 7 of the Charter contains individual rights, and hence there cannot be family rights. Still, mindful that there was still choices involved in the family situation, the Supreme Court split on whether liberty rights were infringed. Likewise, in I.L.W.U. v. The Queen (1992), the Supreme Court stressed the individual nature of section 7 to deny unions had a right to strike as part of the members' liberty. The Court also stressed that strikes were social-economic matters that did not involve the justice system, and section 7 was concentrated on the justice system. Individual rights is a legal term referring to what one is allowed to do and what can be done to an individual. ... A family in Ouagadougou, Burkina Faso in 1997 A family consists of a domestic group of people (or a number of domestic groups), typically affiliated by birth or marriage, or by analogous or comparable relationships — including domestic partnership, cohabitation, adoption, surname and (in some cases) ownership (as occurred in the... A trade union or labor union is a continuous association of wage-earners for the purpose of maintaining or improving the conditions of their employment. ...


Various liberties not covered by the section 7 right to liberty include religious liberty and liberty of speech, because these are more specifically guaranteed under section 2, the liberty to vote, as this is more specifically guaranteed by section 3, and the liberty to move within, leave and enter Canada, as this is more specifically guaranteed by section 6.[8] The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... This article or section does not cite any references or sources. ... The Canadian Charter of Rights and Freedoms. ... 3. ... The right to live and work anywhere in Canada. ...


Security of the person

See also: Security of person

Thirdly, there is the right to security of the person, which consists of rights to privacy of the body and its health[9] and of the right protecting the "psychological integrity" of an individual. That is, the right protects against significant government-inflicted harm (stress) to the mental state of the individual. (Blencoe v. B.C. (Human Rights Commission), 2000) Security of person is a right guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. ... In medical terms, stress is a physical or psychological stimulus that can produce mental or physiological reactions that may lead to illness. ... Court membership Chief Justice: Beverley McLachlin Puisne Justices: Claire LHeureux-Dubé, Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel Reasons given Majority by: Bastarache J. Joined by: McLachlin C.J. and L’Heureux-Dubé, Gonthier, and Major JJ. Concurrence/dissent by: LeBel...


This right has generated significant case law, as abortion in Canada was legalized in R. v. Morgentaler (1988) after the Supreme Court found the Therapeutic Abortion Committees breached women's security of person by threatening their health. Some judges also felt control of the body was a right within security of the person, breached by the abortion law. In Operation Dismantle v. The Queen (1985) cruise missile testing was unsuccessfully challenged as violating security of the person for risking nuclear war. In Chaoulli v. Quebec (Attorney General) (2005), some Supreme Court justices even considered Quebec's ban on private health care to breach security of the person, since delays in medical treatment could have physical and stressful consequences. Abortion in Canada is not limited by law. ... Holding Section 251 of the Criminal Code violates a womans right to security of person under section 7 of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1 of the Charter. ... See also: main article on Abortion in Canada In Canada, from 1969 until 1988, under the amendment to Section 251 (later 287) of the Criminal Code of Canada one of the requirements for an abortion to be lawful was that it be ruled to be medically necessary to the health... Operation Dismantle v. ... A Taurus KEPD 350 cruise missile of the Luftwaffe A cruise missile is a guided missile which uses a lifting wing and most often a jet propulsion system to allow sustained flight. ... Nuclear War is a card game designed by Douglas Malewicki, and originally published in 1966. ... Holding Section 15 of the Health Insurance Act and section 11 of the Hospital Insurance Act, which outlaw private medical insurance, violate the right to personal inviolability as guaranteed by the Quebec Charter of Human Rights and Freedoms Court membership Case opinions Chaoulli v. ... Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Lise Thibault - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area Ranked 2nd - Total 1,542,056 km² - Water... Health care or healthcare is the prevention, treatment, and management of illness and the preservation of mental and physical well-being through the services offered by the medical, nursing, and allied health professions. ...


Some people feel economic rights ought to be read into security of the person, as well as section 15 equality rights to make the Charter similar to the International Covenant on Economic, Social and Cultural Rights. The rationale is that economic rights can relate to a decent standard of living and can help the civil rights flourish in a liveable environment.[10] There has also been discussion within the Supreme Court and among academics as to whether security of the person guarantees some economic rights. Theoretically, security of the person would be breached if the government limits a person's ability to make an income, by denying welfare, taking away property essential to one's profession, or denying licenses. However, section 7 is primarily concerned with legal rights, so this reading of economic rights is questionable. Many economic issues could also be political questions.[11] Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... This page is a candidate to be moved to Wikisource. ... The Standard of living refers to the quality and quantity of goods and services available to people and the way these services and goods are distributed within a population. ... Welfare has four primary meanings: Welfare, the good fortune, health, happiness, prosperity, etc. ... In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there...


Principles of fundamental justice

See also: Fundamental justice

All three rights can be compromised in the cases where the infringing law is in "accordance with the principles of fundamental justice". That is, there are core values within the justice system that must prevail over these rights for the greater good of society. These include natural justice and since the 1985 Supreme Court decision Re B.C. Motor Vehicle Act they also include substantive guarantees, including rights guaranteed by the other legal rights in the Charter (i.e., rights against unreasonable search and seizure, guaranteed under section 8, and against cruel and unusual punishments, under section 12, are part of fundamental justice under section 7 as well). Other "Principles" are determined by the court and form the basis of the Canadian legal system. Fundamental justice is a term in Canadian administrative law that signifies those basic procedural rights that are afforded anyone or anybody facing an adjudicative process or procedure that affects fundamental rights. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... Re B.C. Motor Vehicle Act 1985 SCC 72 was a reference submitted to the Supreme Court of Canada regarding the contitutionality of the B.C. Motor Vehicles Act. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... Section 8 - SEARCH OR SEIZURE. 8. ... The statement that the government shall not inflict cruel and unusual punishment for crimes is found in the English Bill of Rights signed in 1689 by King William III and Queen Mary II who were then the joint rulers of England following the Glorious Revolution of 1688. ... Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individuals freedom from cruel and unusual punishments in Canada. ...

it must be a legal principle about which there is sufficient societal consensus that it is fundamental to the way in which the legal system should fairly operate, and it must be identified with sufficient precision to yield a manageable standard against which to measure deprivations of life, liberty, or security of the person. (R. v. Malmo-Levine, 2003)

The following are some of the well established Principles of Fundamental Justice. R. v. ...


Laws shall not be arbitrary

It is a principle of fundamental justice that laws should not be arbitrary. (R. v. Malmo-Levine) That is, the state cannot limit an individual's rights where "it bears no relation to, or is inconsistent with, the objective that lies behind [it]". (Rodriguez v. British Columbia (Attorney General))


Void for Vagueness

The "Principles of Fundamental Justice" require laws to have a clear and understandable interpretation so as to properly define the rule or offence.


This principle is violated if the law does not have clarity enough to create "legal debate". There must be clarity of purpose, subject matter, nature, prior judicial interpretation, societal values, and related provisions. This does not prevent the use of broadly defined terms so long as societal objectives can be gleaned from it. (Ontario v. Canadian Pacific Ltd., 1995)


Overbreadth

The "Principles of Fundamental Justice" require that means used to achieve a societal purpose or objective must be reasonably necessary.


This principle is violated when the government, in pursuing a "legitimate objective", uses "means" that unnecessarily and disproportionately interfere with an individual's rights. (R. v. Heywood) R. v. ...


Requirement of Mens Reas

The "Principles of Fundamental Justice" require that criminal offences that have sentences involving prison must have a mens rea element. For more serious crimes such as murder that impose a stigma as part of the conviction, the mental element must be proven on a "subjective" level. (R. v. Vaillancourt) The mens rea is the Latin term for guilty mind used in the criminal law. ... R. v. ...


Shocks the conscience

In Canada v. Schmidt (1987), the Supreme Court found that government decisions to extradite people are bound by section 7. Moreover, it is possible that a potential punishment in the receiving country "shocks the conscience" to the extent that the Canadian government would breach fundamental justice if they extradited people there, and thus put them at risk of something shocking. In determining what would shock the conscience, the Court said some elements of fundamental justice in Canada, such as the presumption of innocence, could be seen as "finicky" and thus irrelevant to extradition. In contrast, the possibility of torture would be shocking. Holding Extradition of the appellant is justified; Rules concerning double jeopardy in Canada cannot be imposed on a foreign state. ... Shocks the conscience is a phrase used as a legal standard in the United States and Canada. ... Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. ... Torture is defined by the United Nations Convention Against Torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he...


Right to silence

In R. v. Hebert the court held that the right to silence was a principle of fundamental justice. Statements of the accused cannot be achieved through police trickery and silence cannot be used to make any inference of guilt. R. v. ...


Rejected principles

Throughout the development of fundamental justice petitioners have suggested many principles that the Courts have rejected for not being sufficiently fundamental to justice.


In R. v. Malmo-Levine, the Supreme Court rejected the claim that an element of "harm" was a required component of all criminal offences, which in the circumstances of the case would have removed marijuana offences from Criminal law. R. v. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Harm can be defined as causing physical or psychological/emotional damage or injury to a person, animal or other entity. ... A Cannabis sativa plant The drug cannabis, also called marijuana, is produced from parts of the cannabis plant, primarily the cured flowers and gathered trichomes of the female plant. ...


In R. v. DeSousa, the Court rejected the claim that there must be symmetry between all actus reus and mens rea elements. R. v. ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ...


In Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), the Court rejected the claim that laws affecting children must be in their best interests. Foundation for Children, Youth and the Law v. ... Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well being of children. ...


Comparison with other human rights instruments

The United States Bill of Rights also contains rights to life and liberty under the Fifth Amendment and the United States Constitution guarantees those rights under the Fourteenth Amendment. In Canada before the Charter, the Canadian Bill of Rights contained rights to life, liberty and security of the person, but all these other laws limit those rights through due process rather than fundamental justice. Fundamental justice is read more substantively. Image of the United States Bill of Rights from the U.S. National Archives and Records Administration The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The Bill of Rights in the National Archives Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments, intended to secure rights for former slaves. ... This article is about the Canadian Bill of Rights, which should not be confused with the Canadian Charter of Rights and Freedoms or the Canadian Human Rights Act. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...


Another key difference is that the Fifth and Fourteenth US Amendments add the right to property, and the Canadian Bill adds the right to "enjoyment of property." The fact that section 7 excludes a right contained in its sister laws is taken as significant, and thus rights to property are not even read into the rights to liberty and security of the person.[12] Property designates those things that are commonly recognized as being the possessions of a person or group. ...


There have been calls for section 7 to protect property. In 1981 the Progressive Conservative Party suggested that section 7 be extended to protect the "enjoyment of property." Some provincial governments, including that of Prince Edward Island, as well as the New Democratic Party, opposed the change. The NDP thought that if property rights were enshrined in the Charter, other economic rights should be added. In September 1982, after the Charter had been enacted, the government of British Columbia approved of an unsuccessful amendment to section 7 that would protect property rights.[13] See Unsuccessful attempts to amend the Canadian Constitution for more information. This article or section does not adequately cite its references or sources. ... Motto: Parva Sub Ingenti (Latin: The Small Protected By The Great) Capital Charlottetown Largest city Charlottetown Official languages English Government - Lieutenant-Governor Barbara Oliver Hagerman - Premier Pat Binns (PC) Federal representation in Canadian Parliament - House seats 4 - Senate seats 4 Confederation July 1, 1873 (7th) Area Ranked 13th - Total 5... The New Democratic Party (NDP; Nouveau Parti démocratique in French) is a political party in Canada with a progressive social democratic philosophy that contests elections at both the federal and provincial levels. ... Motto: Splendor Sine Occasu (Latin: Splendour without diminishment) Capital Victoria Largest city Vancouver Official languages English Government - Lieutenant-Governor Iona Campagnolo - Premier Gordon Campbell (BC Liberal) Federal representation in Canadian Parliament - House seats 36 - Senate seats 6 Confederation July 20, 1871 (6th province) Area Ranked 4th - Total 944,735 km... Since the Constitution of Canada was patriated in 1982 there have been a number of failed attempts to amend the document under the new amending formula. ...


References

  1. ^ Suresh v. Canada
  2. ^ Gosselin v. Quebec (Attorney General)
  3. ^ Chaoulli v. Quebec
  4. ^ Singh v. Canada and Suresh v. Canada]
  5. ^ Irwin Toy v. Quebec
  6. ^ United States v. Burns
  7. ^ Gosselin v. Quebec
  8. ^ Hogg, Peter W. Constitutional Law of Canada. 2003 Student Ed. Scarborough, Ontario: Thomson Canada Limited, 2003, page 980.
  9. ^ Hogg, 981.
  10. ^ Lugtig, Sarah and Debra Parkes, "Where do we go from here?" Herizons, Spring 2002, Vol. 15 Issue 4, page 14.
  11. ^ Hogg, 983.
  12. ^ Hogg, 983-984.
  13. ^ David Johansen, "PROPERTY RIGHTS AND THE CONSTITUTION," Library of Parliament (Canada), Law and Government Division, October 1991.

Court membership Chief Justice: Beverley McLachlin C.J. Puisne Justices: Claire LHeureux-Dubé, Charles Gonthier, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, and Louis LeBel J.J. Reasons given Unanimous decision by: The Court Suresh v. ... Gosselin v. ... Holding Section 15 of the Health Insurance Act and section 11 of the Hospital Insurance Act, which outlaw private medical insurance, violate the right to personal inviolability as guaranteed by the Quebec Charter of Human Rights and Freedoms Court membership Chief Justice: Beverley McLachlin Puisne Justices: John C. Major, Michel... Holding Court membership Case opinions Irwin Toy Ltd. ... Holding Extradition without guarantees that the extradited person will not face the death penalty may be a breach of section 7 of the Canadian Charter of Rights and Freedoms and cannot be upheld under section 1. ...

External link

  • Canlii.org section 7 digest

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