What is the test for impingement on the liberty interest?
British Columbia, Canada
The following excerpt is from R. v Simard, 2019 BCSC 531 (CanLII):
The remaining s. 7 question is whether the impingement on the liberty interest is in accordance with the principles of fundamental justice. In determining whether a deprivation violates the principles of fundamental justice, the focus of the inquiry must be on the individuals whose rights are affected. Consideration of broader social issues or competing public interests are not engaged at this stage of the analysis: Carter v. Canada (Attorney General), 2015 SCC 5 at paras. 79-80.
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