What is the test for balancing between fundamental justice and the protection of society?
Manitoba, Canada
The following excerpt is from R. v. Geisel, 2000 CanLII 8446 (MB PC):
McLachlin J. confirmed this concept of balancing in Cunningham v. Canada (1993), 1993 CanLII 139 (SCC), 80 C.C.C. (3d) 492, where she stated (at p. 499): "The principles of fundamental justice are concerned not only with the interest of the person who claims 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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