Duke V. The Queen - Aftermath

Aftermath

In 1982, when the Canadian Charter of Rights and Freedoms was adopted, section 7 of the Charter included a right to fundamental justice with respect to laws limiting the right to life, liberty and security of person. In Re B.C. Motor Vehicle Act (1985), the Supreme Court once again had to consider the meaning of the term "fundamental justice." According to Justice Lamer, those who argued fundamental justice meant natural justice placed "Considerable emphasis" on the precedent established by Duke. Ultimately, however, the Supreme Court extended the meaning of fundamental justice beyond natural justice.