Does the Charter of Canada apply?
Ontario, Canada
The following excerpt is from McKitty v. Hayani, 2018 ONSC 4015 (CanLII):
While I have found that the Charter does not apply, I should comment on Section 7 of the Charter which states that everyone has the right to life, liberty and security of the person and the right not be deprived thereof except in accordance with the principles of fundamental justice. In Carter v. Canada (Attorney General), 2015 SCC 5 (CanLII), [2015] 1 S.C.R. 331, the court found at para. 72 that laws that impinge on life, liberty and security of the persons must not be arbitrary, overbroad or have consequences that are grossly disproportionate to their object.
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