From Nationalpost · · 1m
Charter clause behind Canada's wackiest court decisions
Section 7 of Canada's Charter of Rights and Freedoms has been used to create unusual legal rights, including the right to traffic in illicit drugs.
In brief
Section 7 of Canada's Charter of Rights and Freedoms has been used to create unusual legal rights, including the right to traffic in illicit drugs. Section 7 of Canada's Charter of Rights and Freedoms has been used to create unusual legal rights, including the right to traffic in illicit drugs. Originally reported by…
Section 7 of Charter
Section 7 of the Charter of Rights and Freedoms guarantees the right to life, liberty and security of the person.
“Section 7 of the Charter of Rights and Freedoms, which guarantees the right to "life, liberty and security of the person and the right not to be deprived thereof."”
Section 7's origin
Section 7 was written 44 years ago to ensure fair trials and prevent unreasonable detention.
“Like the rest of the Charter, Section 7 is only 44 years old.”
Section 7's role
Section 7 has been used to strike down laws that might affect life, liberty or personal security.
“But particularly over the past 15 years, Section 7 has wound up doing the heaviest lifting of any other section of the Constitution.”
Section 7's impact
Section 7 challenges are a third of Supreme Court cases each year, creating unusual rights.
“In any given year, roughly one third of cases on the Supreme Court docket are challenging some aspect of civil society deemed to be a violation of "life, liberty and security of the person."”
Recent Section 7 decision
A recent B.C. court ruled Canadians have a Charter-protected right to traffic in illicit drugs.
“When a B.C. court declared this week that Canadians had a Charter-protected right to traffic in illicit drugs”
The main idea
Section 7 of Canada's Charter of Rights and Freedoms has been used to create unusual legal rights, including the right to traffic in illicit drugs.
