What does Section 7 of the Charter guarantee?

Section 7 of the Canadian Charter of Rights and Freedoms is the most expansive of the Charter's legal-rights provisions. It reads: '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'. Section 7 protects everyone in Canada (citizens and non-citizens alike) from state deprivations of life, liberty, or security that violate principles of fundamental justice.

The principles of fundamental justice are basic tenets of the Canadian legal system. The Supreme Court of Canada has identified them through case law: laws must not be arbitrary, vague, overbroad, or grossly disproportionate; the presumption of innocence; the right to a fair hearing; the right not to be punished without proof of fault (R. v. Vaillancourt, 1987); and the right to be free from cruel and unusual treatment. The Reference re Section 94(2) of the Motor Vehicle Act (British Columbia) (1985) was the first major section 7 decision and confirmed that fundamental justice has both procedural and substantive content.

Section 7 has shaped many landmark cases. R. v. Morgentaler (1988) struck down Criminal Code abortion provisions on section 7 grounds. Carter v. Canada (Attorney General) (2015) struck down the prohibition on physician-assisted dying as a section 7 violation, leading to the federal Bill C-14 (medical assistance in dying) in 2016 and Bill C-7 (expanded access) in 2021. Canada (Attorney General) v. Bedford (2013) struck down three Criminal Code prostitution provisions, leading to Bill C-36 (the Protection of Communities and Exploited Persons Act) in 2014. Charkaoui v. Canada (Citizenship and Immigration) (2007) addressed security-certificate procedures.

Section 7 is invoked in immigration, refugee, child-welfare, mental-health, extradition, and criminal cases. United States v. Burns (2001) prohibited extradition without assurances against the death penalty. New Brunswick (Minister of Health and Community Services) v. G(J) (1999) recognised the right to state-funded counsel in serious child-protection cases. Suresh v. Canada (2002) addressed deportation to torture. Bedford and Carter together marked a significant expansion of section 7 by emphasising harms that flow from the operation of laws rather than direct state action.