Can a section 12 claim be made outside of the penal or quasi-penal context?
Canada (Federal), Canada
The following excerpt is from Canadian Doctors for Refugee Care v. Canada (Attorney general), 2014 FC 651 (CanLII):
None of the parties have identified a successful section 12 claim made outside of the penal or quasi-penal context. While there has in fact been at least one such case, it was an early Charter decision and is of limited assistance here: see Alvero-Rautert v. Canada (Minister of Employment and Immigration), [1988] F.C.J. No. 8, [1988] 3 F.C. 163 (F.C.T.D.).
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