In what circumstances can a claim be successful against the Canadian government for alleged breaches of section 7 of the Charter?
Ontario, Canada
The following excerpt is from Cosyns v. Canada (Attorney General), 1992 CanLII 8529 (ON SCDC):
In the case of Andrews v. Law Society of British Columbia (1989), 1989 CanLII 2 (SCC), 56 D.L.R. (4th) 1, [1989] 1 S.C.R. 143, 25 C.C.E.L. 255, La Forest J. stated, at p. 38: ... Much economic and social policy-making is simply beyond the institutional competence of the courts: their role is to protect against incursions on fundamental values, not to second-guess policy decisions. The argument of the plaintiffs, if it is directed to a change in policy of the government as infringing the principles of fundamental justice, fails. Accordingly, there is no possibility that the plaintiffs can succeed with their s. 7 argument and the appeal is allowed in that regard. All of the provisions of the statement of claim that include allegations with regard to s. 7 of the Charter, or are based on alleged breaches of s. 7 of the Charter, are accordingly struck.
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