What is the test for a plaintiff to be found guilty of a breach of Section 5(1) of the Human Rights Act?
Ontario, Canada
The following excerpt is from Everingham v. Ontario, 1993 CanLII 9406 (ON SC):
It is not necessary for the citizen to show that his right to life, his right to liberty and his right to security of the person have all been violated in order to constitute a breach of this section. It is sufficient that one of them has been violated. Further, "security of the person" must encompass freedom from the threat of physical punishment or suffering as well as freedom from such punishment itself: see Singh v. Canada (Minister of Employment and Immigration) (1985), 1985 CanLII 65 (SCC), 17 D.L.R. (4th) 422 at p. 460, [1985] 1 S.C.R. 177, 14 C.R.R. 13, per Wilson J.
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