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),  2 S.C.R. 143 at para. 17).
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