Ep 157 Great Cases Series -- Charter Section 7 Substantive Fundamental Justice

Stephanie and Craig are back with the latest discussion of key court decisions affecting national security law. Here, we take a quick look at how Charter section 7 “fundamental justice” has created expectations about the “substance” of government conduct in select national security cases. We discuss Operational Dismantle (and the application of the Charter to the Crown’s prerogative powers over defence and international relations), Suresh (and the prospect of removing someone to a place where they may be tortured) and O’Neill (dealing with the nonsense that is s 4 of the Security of Information Act).