Section 7 — Life, Liberty and Security of the Person
Arbitrariness, overbreadth, gross disproportionality.
Section 7 protects life, liberty and security of the person, and the right not to be deprived of them except in accordance with the principles of fundamental justice.
The right is engaged when the state imposes physical detention, criminal sanction, serious psychological stress, or interference with bodily integrity. Three principles of fundamental justice govern most modern s.7 challenges: arbitrariness, overbreadth, and gross disproportionality (Bedford, Carter).
A law is arbitrary when it is not connected to its objective. It is overbroad when it captures conduct unrelated to its objective. It is grossly disproportionate when its negative effects are completely out of proportion to its objective.
Key principles
- ArbitrarinessNo connection between the law and its purpose.
- OverbreadthThe law captures more conduct than necessary to achieve its purpose.
- Gross disproportionalityNegative effects are completely out of proportion to the law's purpose.