CRIM 335 Lecture Notes - Lecture 8: Fundamental Justice, Omar Khadr, Plaintext
12 Nov 2018
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Crim 335 - lecture 8 - legal rights cont"d. New brunswick v g dealt w/ gov ministry applying to court for 6 month extension of custody order following apprehension of women"s 3 children. Mother was denied legal aid counsel owing to funding restrictions in province & alleged this was violation of her s. 7 rights. Lamer cjc said that security of the person interest will be implicated if it is restricted through interaction w/ justice system. In g"s case, child apprehension proceedings provided such an interaction. Court then had to decide whether deprivation was in accordance w/ principles of fundamental justice. Fair process requires that parents have opportunity to present their case effectively. In this type of case, key factors are seriousness of interests, complexity of case, capacity of applicant. Regarding application of s. 1, chief justice lamer noted that breach of s. 7 can be saved by s. 1 only in exceptional circumstances.
