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).
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