What are the principles of fundamental justice in Canadian law?

British Columbia, Canada


The following excerpt is from Buhlers v. Halefoglu, 1998 CanLII 4726 (BC SC):

The principles of fundamental justice should now be taken as being more than "natural justice" in the usual common law sense. Fundamental justice may now have a substantive component. See Reference Re Section 94(2) of the Motor Vehicle Act (1986), 1985 CanLII 81 (SCC), 24 D.L.R. (4th) 536 (S.C.C.) at page 557 per Lamer J. (as he then was): Consequently, my conclusion may be summarized as follows: The term "principles of fundamental justice" is not a right, but a qualifier of the right not to be deprived of life, liberty and security of the person; its function is to set the parameters of that right. Sections 8 to 14 address specific deprivations of the "right" to life, liberty and security of the person in breach of the principles of fundamental justice, and as such, violations of s. 7. They are therefore illustrative of the meaning, in criminal or penal law, of "principles of fundamental justice"; they represent principles which have been recognized by the common law, the international conventions and by the very fact of entrenchment in the Charter, as essential elements of a system for the administration of justice which is founded upon a belief in the dignity and worth of the human person and the rule of law. Consequently, the principles of fundamental justice are to be found in the basic tenets and principles, not only of our judicial process, but also of the other components of our legal system. We should not be surprised to find that many of the principles of fundamental justice are procedural in nature. Our common law has largely been a law of remedies and procedures and, as Frankfurter J. wrote in McNabb v. U.S. (1942), 318 U.S. 332 at p. 347, "the history of liberty has largely been the history of observance of procedural safeguards". This is not to say, however, that the principles of fundamental justice are limited solely to procedural guarantees. Rather, the proper approach to the determination of the principles of fundamental justice is quite simply one in which, as Professor Tremblay has written, "future growth will be based on historical roots": 18 U.B.C.L. Rev. 201 at p. 254 (1980). This theme persists throughout the reasons of Lamer J.

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