In 1985, a Supreme Court of Canada decision (B.C. Motor Vehicles) about driving with a suspended licence helped transform Section 7 of Canada's Charter of Rights and Freedoms into a powerful tool of judicial review. But did the Court decision go too far?
Section 7 protects life, liberty, and security of the person, but says these rights may only be limited in accordance with the “principles of fundamental justice.” In B.C. Motor Vehicles, the Supreme Court expanded the meaning of those principles beyond procedural fairness, opening the door to greater judicial scrutiny of the substance of legislation itself.
Since then, Section 7 has played a central role in cases involving prostitution, assisted suicide and euthanasia, supervised drug consumption, and more recently, disputes over homeless encampments and bike lanes. What began as a relatively narrow Charter provision has become an important source of judicial power over public policy.
This week, Mark Mancini, assistant professor of law at Thompson Rivers University and a Senior Fellow at MLI, and Asher Honickman, a civil, constitutional, and public law litigator in Toronto, join MLI's Deputy Director of Domestic Policy, Peter Copeland, on Inside Policy Talks to discuss the landmark case and its lasting impact on Canadian constitutional law.