What is the test for security of the person?

British Columbia, Canada


The following excerpt is from R. v. George, 2002 BCPC 207 (CanLII):

In dealing with the security of the person, I am guided by the words of Mr. Justice Lamer in R v. Mills 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863 at 919 where he says: "... Under S.11(b), the security of the person is to be safeguarded as jealously as the liberty of the individual. In this context, the concept of security of the person is not restricted to physical integrity; rather, it encompasses protection against "overlong subjection to the vexations and vicissitudes of appending criminal accusation" ... These include stigmatization of the accused, loss of privacy, stress and anxiety resulting from a multitude of factors, including possible disruption of family, social life and work, legal costs, uncertainty as to the outcome and sanction. These forms of prejudice cannot be disregarded nor minimized when assessing the reasonableness of the delay."

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