Does a public by-law or statute authorizing the fluoridation of public water violate an individual's s .7 rights?
British Columbia, Canada
The following excerpt is from Millership v. British Columbia, 2003 BCSC 82 (CanLII):
The issue of whether a by-law or a statute authorizing the fluoridation of public water violated an individual’s s .7 rights has been decided in Canada, in the case Locke v. Calgary (City), [1993] A.J. No. 926 (QB). The court found that the by-law did not violate the plaintiff’s rights to security of the person. If it did, it was saved by principles of fundamental justice which required a fair balance to be struck between the interests of a person whose claim to security had been violated and those of society. In reaching that conclusion, the court found that public water fluoridation was a safe and effective method of reducing dental caries.
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