What is the test for section 7 of the Canadian Civil Code on a claim of liberty and security of the person?

Canada (Federal), Canada

The following excerpt is from Cabrera v. Canada (Citizenship and Immigration), 2010 FC 709 (CanLII):

The Respondent contends that section 7 is not engaged by “this sort of trivial claim.” Furthermore, even if liberty and security of the person were found to be engaged in this instance, the Respondent contends that “the unfairness is inadequate to constitute a breach of the principles of fundamental justice.” Indeed, the right of security of the person does not protect someone from the ordinary stresses and anxieties that a person will suffer as a result of government action. The Respondent submits this is especially so when a non-citizen does not have a right to enter or remain in Canada. See New Brunswick v. G.(J.), 1999 CanLII 653 (SCC), 1999 3 S.C.R. 46, [1999] S.C.J. No. 47 at paragraphs 59-60, Chirelli v. Canada (Minister of Employment and Immigration), 1992 CanLII 87 (SCC), 1992 1 S.C.R. 711, [1992] S.C.J. No. 27.

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