What is the test for the application of section 7 of the Charter of Rights and Freedoms?
Alberta, Canada
The following excerpt is from Bennett v. Alberta (The Workers’ Compensation Board Appeals Commission), 2002 ABQB 96 (CanLII):
Section 7 of the Charter of Rights and Freedoms states: 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. The application of section 7 requires a two step process. First, it must determined whether there has been a violation of the right to life, liberty or security of the person. If so, the next step is to inquire whether the infringement was in accordance with the principles of fundamental justice: Budge v. Alberta (Workers’ Compensation Board) (1991), 1991 ABCA 3 (CanLII), 77 D.L.R. (4th) 361 at 364 (C.A.).
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