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Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life , liberty and security of the person .
Gosselin v Quebec (AG) [2002] 4 SCR 429, 2002 SCC 84, is the first claim under section 7 of the Canadian Charter of Rights and Freedoms to a right to an adequate level of social assistance. The Supreme Court of Canada rejected the Charter challenge against a Quebec law excluding citizens under age 30 from receiving full social security benefits.
United States v Burns [2001] 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada that found that extradition of individuals to countries in which they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms.
Section 33.1 of the Criminal Code violates section 7 and section 11(d) of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1: Court membership; Chief Justice: Richard Wagner: Puisne Justices: Michael Moldaver, Andromache Karakatsanis, Suzanne Côté, Russell Brown, Malcolm Rowe, Sheilah Martin, Nicholas Kasirer ...
January 7, 2000 - Appointment of Beverley McLachlin as Chief Justice of Canada: Arsenault-Cameron v Prince Edward Island [2000] 1 S.C.R. 3, 2000 SCC 1 January 13, 2000 language rights Reference re Firearms Act [2000] 1 S.C.R. 783, 2000 SCC 31 June 15, 2000 Criminal law power Lovelace v Ontario [2000] 1 S.C.R. 950, 2000 SCC 37 July 20, 2000
Three justices allowed the appeals under the Charter, while three allowed the appeals under the Bill of Rights: [4] Bertha Wilson – with Chief Justice Brian Dickson and Antonio Lamer – held that section 7 of the Charter applied to "every human being who is physically present in Canada".
Chief Justice McLachlin, writing for a unanimous court, holds that sections 33 and 77 to 85 of the IRPA unreasonably violates sections 7, 9 and 10 of the Canadian Charter of Rights and Freedoms. On the section 1 analysis for justification of the violation the Court held that the certificate process was not minimally impairing.
Still, the Canadian Bill of Rights remains in effect, and its guarantee of the "determination" of one's "rights and obligations" through fundamental justice is not precisely duplicated in the Charter. While the term "fundamental justice" does appear in section 7 of the Charter, this is to limit the rights to life, liberty and security of the ...