Section 7 of the Charter and Constitutionally Protected Welfare

IAN JOHNSTONE

ABSTRACT

The scope of interests that fall within the ambit of s.7 of the Canadian Charter of Rights and Freedoms is an issue that remains unresolved by Canadian courts. The author argues that, if the Charter is to be truly effective in ensuring that individual dignity and self-respect are not undermined in interactions with the state, "security of the person" must be understood as entailing protection of welfare benefits. Thus, it is contended, even if the Charter does not provide the basis for imposing affirmative welfare obligations on the government, it can be used to structure the administration of programs once initiated.

The author then extends the analysis to other basic economic interests and aspects of government largesse. Ultimately, an interpretation of "security of the person" is offered that accounts for the exclusion of property from the Charter, and that construes s. 7 so that it accords with developing administrative law principles.

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Citation: (1988) 46(1) U.T. Fac. L. Rev. 1.
Copyright © 1988. University of Toronto Faculty of Law Review.
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