What is the test for Charter of Canada section 7 of the Charter of Human Rights?

Canada (Federal), Canada

The following excerpt is from Harkat (Re), 2010 FC 1242 (CanLII):

It is a constitutional requirement of section 7 of the Charter that the right to life, liberty and security of the person must not be interfered with by any laws except in accordance with the principles of fundamental justice. As is suggested by the language of section 7, a two-step analysis must be undertaken. First, it must be verified if there is an infringement to “life, liberty and security of the person”. Second, the alleged infringement must not be contrary to the principles of fundamental justice (Singh v. Canada (Minister of Employment and Immigration), 1985 CanLII 65 (SCC), [1985] 1 S.C.R. 177).

Other Questions


Does section 33 of the Health and Social Care Ontario Health and Welfare Act, section 933(a) of the Human Rights and Human Rights Act, apply to an employer's liability under the Health & Social Care Act? (MultiRegion, United States of America)
What is the scope of a section 2(2) of the Human Rights Act, section 3(4) and section 4(5) of The Queen’s Speech to the House of Representatives on the issue of same sex discrimination? (Canada (Federal), Canada)
What is the test for applying the Convention on Human Rights in the context of human rights issues? (MultiRegion, United States of America)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
How have courts interpreted s. 2(e) of the Canadian Bill of Rights, s.2(e), s.3(e") of the Charter of Human Rights? (Canada (Federal), Canada)
What is the impact of a government report on human rights in the context of human rights legislation? (MultiRegion, United States of America)
What are the factors supporting the argument that section 926A of the Civil Rights Act creates an individual federal right to possess and carry a firearm? (MultiRegion, United States of America)
Can a state employee bring a retaliation claim under Section 1983 of the Human Rights Act? (MultiRegion, United States of America)
What is the legal test for a violation of section 7 of the BC Human Rights Code? (Canada (Federal), Canada)
Is a restriction of a Charter right justified under section 1 justified? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.