What is the test for a Charter right under s. 7 of the Charter to continue to be held in the judicial centres of counties and districts?
Ontario, Canada
The following excerpt is from R. v. Fiddler, 1994 CanLII 7396 (ON SC):
The applicant submits that the practice of holding trials in the judicial centres of counties and districts is borne out of questions of cost and administrative convenience and says that such considerations can never justify the denial of a Charter right: Singh v. Canada (Minister of Employment and Immigration) (1985), 1985 CanLII 65 (SCC), 14 C.R.R. 13 at p. 57, [1985] 1 S.C.R. 177 at pp. 218-19. The question of justification is one which properly comes within the ambit of s. 1 of the Charter; the core question, whether there exists such a Charter right as contended for by the applicant, remains. (a) Location of trial/section 7
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