What is the test for s. 7 of the Criminal Code of Canada?
Ontario, Canada
The following excerpt is from Selkirk et. al. v. Trillium Gift of Life Network et. al., 2021 ONSC 2355 (CanLII):
Section 7 poses a two-stage enquiry. First, the claimant must show that the law interferes with, or deprives them of, their life, liberty, or security of the person. Once they have established that s. 7 is engaged, they must then show that the deprivation in question is not in accordance with the principles of fundamental justice: Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331, at para. 55.
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