What is the test for a s.7 violation of section 7(1) of the Criminal Code of Canada?
British Columbia, Canada
The following excerpt is from Lau v. State of Australia and Canada, 2005 BCSC 1021 (CanLII):
In order to find a s. 7 violation, the surrender of a person will be fundamentally unjust if it “sufficiently shocks the Canadian conscience” or that “the situation is simply unacceptable”: see Kindler v. Canada (Minister of Justice) (1999), 1991 CanLII 78 (SCC), 67 C.C.C. (3d) 1 (S.C.C.) at 55.
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