What is the test for balancing the principles of fundamental justice with respect to human rights and society?
Newfoundland and Labrador, Canada
The following excerpt is from R. v Woodrow, 2011 CanLII 102015 (NL PC):
The principles of fundamental justice concern not only the rights of the persons who claim a violation of their rights, but also the protection of society generally. They require courts to strike a balance between these two interests. (Prowse, p. 6-13 citing Cunningham v. Canada, 1993 CanLII 139 (SCC), [1993] 2 S.C.R. 143)
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