Also known as: s. 7 · section 7 · Charter s. 7 · s. 7 Charter · Charter section 7 · right to life liberty and security
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee providing that 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.
Sylvia Santos faced charges after complying with a threat from an absent party. The court applied Section 7 to hold that the duress defense could not be limited to immediate threats by a present person. Her acquittal stood because the restrictive conditions violated fundamental justice.
Samuel Soto challenged a corporate election held without a proper annual meeting. The court invoked Section 7 to require mens rea elements in any related regulatory offense carrying jail time. The election was set aside because the underlying strict liability rule failed constitutional scrutiny.
Simone Sanders faced prosecution under a strict liability statute for a secured transaction violation. Section 7 required the prosecution to prove culpable intent before imposing imprisonment. The charge was dismissed for lack of mens rea.
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Spencer Silver contested a board action taken at a remote meeting lacking statutory notice. The court applied Section 7 to invalidate the strict liability penalty attached to the procedural violation. Imprisonment could not be imposed without proof of fault.
Sarah Sullivan was charged under an absolute liability provision for failing to maintain control of collateral. Section 7 barred imprisonment because the offense lacked a mens rea requirement. The prosecution could proceed only civilly.
Sydney Santos raised a Section 7 claim against a statute imposing jail time without fault. The court held that fundamental justice demanded proof of mens rea. The conviction was reversed.
Yes. The Canadian Supreme Court held that imprisonment on the basis of strict liability violates the principles of fundamental justice under Section 7 except in exceptional conditions such as natural disasters or war.
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Section 7 invalidates statutory restrictions that limit duress to immediate threats by a present person. A defendant who reasonably believed the threat left no realistic choice may raise the defense even if the threatener was absent.
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Offenses carrying imprisonment require the prosecution to prove mens rea. Absolute liability is unconstitutional when jail is possible.
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