What is the test for balancing the principles of fundamental justice between the interests of the individual and society?
Ontario, Canada
The following excerpt is from R. v. Levkovic, 2008 CanLII 48647 (ON SC):
In Cunningham v. Canada (1993), 1993 CanLII 139 (SCC), 80 C.C.C. (3d) 492 (S.C.C.) at 499, the court stated: The principles of fundamental justice are concerned not only with the interest of the person that claims that his liberty has been limited, but with the protection of society. Fundamental justice requires that a fair balance be struck between these interests, both substantively and procedurally…
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