How have the principles of fundamental justice been interpreted?

British Columbia, Canada


The following excerpt is from R. v Simard, 2018 BCSC 1901 (CanLII):

In Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), 2004 SCC 4 at para. 8, McLachlin C.J., writing for the majority, described the principles of fundamental justice: The principles of fundamental justice are the shared assumptions upon which our system of justice is grounded. They find their meaning in the cases and traditions that have long detailed the basic norms for how the state deals with its citizens. Society views them as essential to the administration of justice.

Other Questions


Is fundamental justice equal to natural justice? (British Columbia, Canada)
Does the court have jurisdiction to stay or grant remedies for breach of s. 7 of the Charter where the principles of fundamental justice have been infringed? (British Columbia, Canada)
What are the principles of fundamental justice in Canadian law? (British Columbia, Canada)
Does the deprivation of liberty experienced by a young offender as a result of his sentence as a youth offender violate the principles of fundamental justice? (British Columbia, Canada)
How have courts interpreted the principle of equalization in the context of the Rules of Justice? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
How have the principles of tortfeasor's law been interpreted in the context of the case law, and what are the principles with respect to animals generally? (British Columbia, Canada)
What are the principles used by the Court of Appeal in making an order to refer the issue to the Superior Court of Justice? (British Columbia, Canada)
What are the principles set out in Houghton v.Houghton and what are the implications of the principles in the case law? (British Columbia, Canada)
Can the presumption of equitable principles be displaced by equitable principles? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.