What is the test for fundamental justice in the context of sanctions?

Ontario, Canada


The following excerpt is from R. v Wong, 2016 ONSC 2984 (CanLII):

In the context of penal sanctions, the principles of fundamental justice are concerned not only with the interest of the person who claims his liberty has been limited, but with the protection of society. Fundamental justice requires that a fair balance be struck between these interests, both substantively and procedurally. (Cunningham v. Canada, 1993 CanLII 139 (SCC), [1993] 2 S.C.R. 143 at para. 17).

Other Questions


How have the principles of fundamental justice been interpreted in the context of the Bill of Rights? (Ontario, Canada)
What are the principles of fundamental justice in the extradition context? (Manitoba, Canada)
Is fundamental justice equal to natural justice? (British Columbia, Canada)
What is the difference between the statements of Justice Wilson and Justice Chouinard in the context of Divorce and Social Security? (Prince Edward Island, Canada)
What is the current state of the law in the context of an application in the Superior Court of Justice? (Saskatchewan, Canada)
What constitutes the interests of justice in the context of litigation? (British Columbia, Canada)
What are the principles of fundamental justice? (Nova Scotia, Canada)
What is the relevant case law in the context of an application in the Superior Court of Justice? (Saskatchewan, Canada)
In what circumstances will a judge or quasi-judicial body be able to exercise the authority of the Court of Appeal in the context of sanctions imposed on the Attorney General? (British Columbia, Canada)
How have courts interpreted the principle of equalization in the context of the Rules of Justice? (British Columbia, Canada)