How have the courts interpreted section 7 analysis in the context of arbitrariness?
British Columbia, Canada
The following excerpt is from Carter v. Canada (Attorney General), 2013 BCCA 435 (CanLII):
Further, to the extent that differing levels of deference have been applied in the s. 7 analysis, it is best done by examining the seriousness of the deprivation of the right in question. This was the approach adopted by the Chief Justice and Major J. in Chaoulli v. Quebec (Attorney General), 2005 SCC 35. In discussing arbitrariness, the Chief Justice and Major J. said:
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