What burden does the Crown have in cases concerning violations of Section 7?

In cases involving violations of Section 7 of the Canadian Charter of Rights and Freedoms, the Crown holds the burden of establishing that any deprivation of an individual's rights or liberties is consistent with the principles of fundamental justice. Section 7 guarantees the right to life, liberty, and security of the person, and emphasizes that any limitation or deprivation of these rights must not only be lawful but also just and fair according to established legal principles.

Fundamental justice encompasses a range of legal protections, including the requirement for fair process, the right to a fair trial, and the prohibition against arbitrary state action. Therefore, when an individual's rights under Section 7 are claimed to be violated, the Crown must demonstrate that any actions taken that affected those rights were not arbitrary, capricious, or unreasonable, and that they adhered to the principles recognized as fundamental to the legal system.

This burden emphasizes the importance of protecting individual rights against state action and reflects the Charter's purpose of safeguarding personal freedoms within a framework of justice that is both lawful and equitable.