What is the test for an application to bring a claim under s. 7 of the Charter of Canada?
Ontario, Canada
The following excerpt is from R. v. Ahmed et al., 2019 ONSC 4822 (CanLII):
As set out in Carter v. Canada (Attorney General), 2015 SCC 5, [2015] 1 S.C.R. 331, at para. 55, a claim of infringement under s. 7 of the Charter entails a two-stage analysis. First, the applicant must show that the impugned law interferes with, or deprives her of, her life, liberty or security of the person. Once she has established that s. 7 is engaged, the applicant must then show that the deprivation in question is not in accordance with the principles of fundamental justice.
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