What is the test for an individual to challenge the effect of section 7 of the Criminal Code of Canada s.7(1) of the Charter of Canada?
Ontario, Canada
The following excerpt is from R. v. Smickle, 2012 ONSC 602 (CanLII):
As held by McLachlin C.J.C. and Major J. in Chaoulli v. Quebec (Attorney General), [See Note 35 below] at para. 129, "The state is not entitled to arbitrarily limit its citizens' rights to life, liberty and security of the person." If a law which engages the liberty interest embedded in s. 7 bears no relation to, or is inconsistent with, the objective that lies behind it, then the law is arbitrary and as such is contrary to the principles of fundamental justice. To [page56 ]restrict a person's liberty on the basis of such an arbitrary law is a violation of that person's rights under s. 7.
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