Does access to public property to utilize public transportation fall within the scope of the s. 7 right to liberty?
Alberta, Canada
The following excerpt is from R. v. S.A., 2011 ABPC 269 (CanLII):
I return, then, to the test framed in Godbout v. Longueuil (supra) which is at the heart of this issue. The autonomy protected by the s. 7 right to liberty encompasses only those matters that can properly be characterized as fundamentally or inherently personal such that, by their very nature, they implicate basic choices going to the core of what it means to enjoy individual dignity and independence. Does access to public property in order to utilize public transportation fall within this scope?
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