What is the test for Charter of Canada section 7 of the Charter of Human Rights?
Canada (Federal), Canada
The following excerpt is from Harkat (Re), 2010 FC 1242 (CanLII):
It is a constitutional requirement of section 7 of the Charter that the right to life, liberty and security of the person must not be interfered with by any laws except in accordance with the principles of fundamental justice. As is suggested by the language of section 7, a two-step analysis must be undertaken. First, it must be verified if there is an infringement to “life, liberty and security of the person”. Second, the alleged infringement must not be contrary to the principles of fundamental justice (Singh v. Canada (Minister of Employment and Immigration), 1985 CanLII 65 (SCC), [1985] 1 S.C.R. 177).
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