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Fundamental Justice 2/e
Section 7 of the Canadian Charter of Rights and Freedoms
Section 7 of the Canadian Charter of Rights and Freedoms provides that “[e]veryone 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.” This book analyzes all aspects of section 7. It outlines the place of section 7 in the constitutional order; how courts decide whether a particular legal principle is so fundamental that it merits recognition under section 7; the conditions under which section 7 will apply to a legal dispute; the legal norms that have been recognized, or rejected, as principles of fundamental justice under section 7; and the very limited circumstances in which an infringement of section 7 will be justified under section 1. The second edition has been extensively revised to take into account several significant changes in the law over the last several years, including the Supreme Court of Canada’s decisions in Bedford (sex work) and Carter (medically assisted dying).
Contributors
Hamish Stewart
Hamish Stewart is a professor of law at the University of Toronto, where he has taught criminal law, the law of evidence, and legal theory since 1993. Before attending law school, he studied economics, receiving his BA from the University of Toronto in 1983 and his PhD from Harvard University in 1989. He received his LLB from the University of Toronto in 1992, clerked at the Ontario Court of Appeal in 1992–93, and was called to the Ontario Bar in 1998. He is the author of the loose-leaf service Sexual Offences in Canadian Law (2004) and of the Evidence title of Halsbury’s Laws of Canada (2010; reissues, 2014 and 2018). He is the general editor of Evidence: A Canadian Casebook, 4th ed (2016) and the associate editor of the Canadian Criminal Cases. He has published more than eighty scholarly papers in criminal law, evidence, legal theory, and economics.
