What is the test for "fundamental justice" in s. 7 of the Canadian Bill of Rights?

Alberta, Canada


The following excerpt is from R. v. Neale, 1985 CanLII 1197 (AB QB):

The regime provided for by s. 7 contemplates that any deprivation of life, liberty and security of the person that is not in accordance with the principles of fundamental justice is a violation of the supreme law of the land, subject to the provisions of s. 1. Any deprivation of liberty is caught by s. 7. Where the deprivation is not the result of a situation requiring an on-the-spot decision, the standards exacted by “the principles of fundamental justice” are, at least, what Fauteux C.J.C. in Duke v. R., 1972 CanLII 16 (SCC), [1972] S.C.R. 917 at 923, 18 C.R.N.S. 302, 7 C.C.C. (2d) 474, 28 D.L.R. (3d) 129, said when speaking of the same words as they are found in s. 2(e) of the Canadian Bill of Rights: Without attempting to formulate any final definition of those words, I would take them to mean, generally, that the tribunal which adjudicates upon his rights must act fairly, in good faith, without bias and in a judicial temper, and must give him the opportunity adequately to state his case. There may be other characteristics of “the principles of fundamental justice”. One that springs readily to mind is that the power is being exercised according to some law, statutory or common law.

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