What is the impact of section 7 of the Canadian Bill of Rights on "due process"?
British Columbia, Canada
The following excerpt is from R. v. Campagna, 1982 CanLII 2894 (BC PC):
It is necessary, therefore, to consider the impact of s. 7 upon it in terms of both "due process" and legislative construction. In Morgentaler v. The Queen (1975), 1975 CanLII 8 (SCC), 20 C.C.C. (2d) 449 at p. 462, 53 D.L.R. (3d) 161 at p. 174, 30 C.R.N.S. 209 at p. 227, Laskin C.J.C. said, in reference to s. 1(a) of the Canadian Bill of Rights: There is often an interaction of means and ends, and it may be that there can be a proper invocation of due process of law in respect of federal legislation as improperly abridging a person's right to life, liberty, security of the person and enjoyment of property. In my opinion, s. 7, by its very wording, invites such an invocation. Whether or not we see the principles of fundamental justice as being close relatives of due process, they are as valid guides to the legality of legislation as to the legality of procedure.
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