CRIM 335 Lecture Notes - Lecture 3: Lifesaving, Zoophilia, Therapeutic Abortion Committee
7 Sep 2016
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Section 7: everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Legislation depriving a person of any of the three elements of the right must be in accordance with principles of fundamental justice or it will violate s. 7 --- singh v. minister of immigration, [1985] 1) applicant must fall within the reference to everyone": must be natural person, not corporations or other artificial entities, includes everyone who is physical present in canada, including non-citizens (singh v. minister of immigration, [1985]) 2) must demonstrate a violation of the right to life, liberty and security: easier for physical deprivations, harder in other cases, applicant must establish that his interest falls within section 7. Procedural vs substantive: [lamar"s residual theory] = s7-14 advance legal rights = ss.
