What is the test to establish a breach of section 7 of the Charter?
Ontario, Canada
The following excerpt is from R. v Dawson, 2016 ONSC 3461 (CanLII):
To establish a breach of s. 7 of the Charter, an applicant must first establish that he or she has been deprived of the right to life, liberty or security of the person and then prove that such deprivation is contrary to the principles of fundamental justice: Regina v. Baere, 1988 CanLII 126 (SCC), [1987] S.C.J. No. 92 at para. 28.
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