What is the test to succeed under section 7 of the Charter?
Alberta, Canada
The following excerpt is from Morrow v. Zhang, 2009 ABCA 215 (CanLII):
The trial judge held that to succeed under section 7 of the Charter, the respondents must first prove that there had been a deprivation of the right to life, liberty or security of the person. Second, they must demonstrate that the deprivation was contrary to the principles of fundamental justice: Rodriguez v. British Columbia (Attorney General), 1993 CanLII 75 (SCC), [1993] 3 S.C.R. 519, 107 D.L.R. (4th) 342.
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