What is the test for a claim of infringement under s. 7 of the Criminal Code of Canada?
British Columbia, Canada
The following excerpt is from R. v Alfred, 2019 BCSC 261 (CanLII):
As set out in Carter v. Canada (Attorney General), 2015 SCC 5 at para. 55, a claim of infringement under s. 7 entails a two-stage analysis. First, the claimant must show that the impugned law interferes with, or deprives him of, his life, liberty or security of the person. Once he has established that s. 7 is engaged, the claimant must then show that the deprivation in question is not in accordance with the principles of fundamental justice.
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