In the context of fundamental justice, what does the term 'arbitrary' refer to?

The term 'arbitrary' in the context of fundamental justice, particularly under Section 7 of the Canadian Charter of Rights and Freedoms, pertains to actions or laws that lack a rational connection to their intended objectives or outcomes. When a law is deemed arbitrary, it suggests that there is a disconnect between the law's purpose and its actual effect or enforcement, leading to potential violations of an individual's rights to life, liberty, and security of the person.

In the context of option B, a law that has no clear connection to its objective can result in an infringement of Section 7 rights. This lack of rational basis can render the law not only ineffective in achieving its purported goals but also oppressive or unjust towards individuals affected by it. The essence of fundamental justice requires laws and their enforcement to be reasonable and transparent, and an arbitrary law fails these tests by not being grounded in logical governance.

This understanding of 'arbitrary' is important as it underscores the necessity for laws to not only aim for certain goals but to do so in a manner that is reasonable and just. Laws that are arbitrary violate foundational principles of fairness and procedural justice, which are essential to upholding individual rights within the Canadian legal framework.