What is the test for s. 7 of the Canadian Charter of Human Rights?
British Columbia, Canada
The following excerpt is from R. v. White, 1998 CanLII 5519 (BC CA):
73. In Cunningham v. Canada, 1993 CanLII 139 (SCC), [1993] 2 S.C.R. 143 at 151-152, 80 C.C.C. (3d) 492 at 499, McLachlin J., speaking for the court, expressed the underlying philosophy of s. 7: 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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