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	Fundamental justice - Wikipedia, the free encyclopedia
		Fundamental justice is a term in Canadian and New Zealand law that signifies those basic procedural rights that are afforded anyone facing an adjudicative process or procedure that affects fundamental rights.
		The Queen (1972), it was ruled that fundamental justice was, for the purposes of this case, merely equivalent to natural justice.
		Justice Jean Beetz, writing for this half of the Court, noted that section 26 of the Charter states that rights outside the Charter are not invalid, and hence the Bill of Rights still has a role to play in Canadian law.
	en.wikipedia.org /wiki/Fundamental_justice (944 words)

	Canada, Canada (Minister of Employment and Immigration) v. Chiarelli
		Fundamental justice is not breached by deportation: it is the only way to give practical effect to the termination of a permanent resident's right to remain in Canada.
		Similarly, the rules of natural justice and the concept of procedural fairness, which may inform principles of fundamental justice in a particular context, are not fixed standards.
		In assessing whether a procedure accords with fundamental justice, it may be necessary to balance competing interests of the state and the individual.
	www.hrcr.org /safrica/freedom_security/canada_chiarelli.html (1871 words)

	Procedural justice - Wikipedia, the free encyclopedia
		Procedural justice is an umbrella term for the administration of justice and legal proceedings in a procedurally fair and transparent manner, and encompasses the related terms due process (U.S.), fundamental justice (Canada), procedural fairness (Australia) and natural justice (other Common law jurisdictions).
		Procedural justice concerns the fairness of the processes by which decisions are made, and may be contrasted with the distributive justice (fairness in the distribution of rights or resources), and corrective justice (fairness in the rectification of wrongs).
		In the United States, for example, a concern for procedural justice is reflected in the Due Process clauses of the United States Constitution.
	en.wikipedia.org /wiki/Procedural_justice (673 words)

	To define and, principally, to realize justice
		Each man lives and dies as though thirsting for justice, because the world is not capable of fully satisfying a being created in the image of God, neither in the deepest part of his being, nor in the different aspects of his human life.
		Justice is a fundamental principle of the existence and the coexistence of men, of communities, of societies, and of nations.
		Justice is also a principle of the existence of the Church, People of God, a principle of the coexistence of the Church and of various social structures, in particular of the State, as also international organizations.
	www.michaeljournal.org /justice.htm (982 words)

	Fundamental Justice
		Justice La Forest offers an alternative interpretation of s.7, and comes to the conclusion that attempts to balance the interests of the parents and children through the principles of fundamental justice.
		Justice Lamer's lead in Vaillancourt was followed in Martineau, which decided C by a majority C that s.7 required subjective fault to be shown in the case of murder.
		Justices La Forest and McLachlin J., in separate opinions, explain their conclusion in Kindler that surrendering the accused unconditionally, to face the prospect of capital punishment, does not offend the principles of fundamental justice.
	www.yorku.ca /jcameron/fundamental.htm (10148 words)

	Rawls on Justice as Fairness
		Justice is thought of as a pact between rational egoists the stability of which is dependent on a balance of power and a similarity of circumstance.
		Justice is the virtue of practices where there are assumed to be competing interests and conflicting claims, and where it is supposed that persons will press their rights on each other.
		The justice of practices does not come up until there are several different parties (whether we think of these as individuals, associations, or nations and so on, is irrelevant) who do press their claims on one another, and who do regard themselves as representatives of interests, which deserve to be considered.
	www.hist-analytic.org /Rawlsfair.htm (9933 words)

	Restorative Justice Principles
		Restorative Justice prefers responding to the crime at theearliest point possible and with the maximum amount of voluntarycooperation and minimum coercion, since healing in relationshipsand new learning are voluntary and cooperative processes.
		Restorative Justice recognizes that not all offenders willchoose to be cooperative.
		Restorative Justice prefers that offenders who pose significantsafety risks and are not yet cooperative be placed in settingswhere the emphasis is on safety, values, ethics, responsibility,accountability, and civility.
	www.fresno.edu /pacs/rjprinc.html (514 words)

	justice canada Vol 2 No 4 (Site not responding. Last check: 2007-10-31)
		The Balancing Approach includes social objectives in the principles of fundamental justice and therefore considers whether the right to life, liberty and security of the person may be properly justified by them under section 7.
		In Pan, Justice Arbour, for a unanimous Court, evaded the issue; she expressly declined to comment on the «preliminary issue» of whether the societal interests competing with the accused's liberty interest should be weighed under section 7 or 1.
		The advantages to a section 7 analysis with two meaningful steps are that the individuals are given the full benefit of their right to life, liberty and security of the person in accordance with the principles of fundamental justice unless and until the state is able to justify a violation in the public interest.
	canada.justice.gc.ca /en/dept/pub/jc/vol2/no4/page2.html (1336 words)

	NationMaster - Encyclopedia: Due process (Site not responding. Last check: 2007-10-31)
		Fundamental justice is a term in Canadian administrative law that signifies those basic procedural rights that are afforded anyone or anybody facing an adjudicative process or procedure that affects fundamental rights.
		Procedural justice concerns the fairness of the processes by which decisions are made--as contrasted with the distributive justice (fairness in the distribution of rights or resources) and corrective justice (fairness in the rectification of wrongs).
		In both cases, the question is whether the right asserted is "fundamental," which means that just as not all proposed "new" constitutional rights are afforded judicial recognition, not all provisions of the Bill of Rights have been deemed sufficiently fundamental to warrant enforcement against the states.
	www.nationmaster.com /encyclopedia/Due-process (8138 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Justice McReynolds said that a state law requiring that all children attend public schools interfered unconstitutionally with the property rights of private school corporations because it was an "arbitrary, unreasonable and unlawful interference" which threatened "destruction of their business and property." 268 U.S., at 536.
		The Chief Justice of the Supreme Court, who shall from time to time recommend such alterations of and additions to the laws of the U.S. as may in his opinion be necessary to the due administration of Justice, and such as may promote useful learning and inculcate sound morality throughout the Union.
		Justice McReynolds also asserted the heretofore discredited doctrine that the Due Process Clause prevented States from interfering with "the right of the individual to contract." 262 U.S., at 399.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?navby=volpage&court=us&vol=381&page=503 (14300 words)

	Review of the Criminal Offence Victims Act 1995: Implementing the fundamental principles of justice for victims of crime
		Written responses to the paper are sought from victims' rights and civil libertarian groups, affected criminal justice and central agencies, police and public service unions and their members, individual victims and public servants, community groups representing the interests of those in the community most affected by crime, and the general public.
		What is needed is a cultural shift in the perspectives of criminal justice agencies and their staff as to the place of the victim in the criminal justice system.
		Failure of a Corrective Services officer (5) to comply with the Fundamental Principles identified in COVA would likely be construed as establishing grounds for discipline under either subsection 43(1)(a) or subsection 43(1)(b), thus, enabling the Commission to apply the disciplines identified in section 43(4).
	www.justice.qld.gov.au /ourlaws/papers/vovc.htm (9234 words)

	Restorative Justice Principles
		Restorative Justice recognizes that crime (violation of persons and relationships) is wrong and should not occur, and also recognizes that after it does there are dangers and opportunities.
		Restorative Justice prefers responding to the crime at the earliest point possible and with the maximum amount of voluntary cooperation and minimum coercion, since healing in relationships and new learning are voluntary and cooperative processes.
		Restorative Justice prefers that offenders who pose significant safety risks and are not yet cooperative be placed in settings where the emphasis is on safety, values, ethics, responsibility, accountability, and civility.
	www.fresno.edu /pacs/docs/rjprinc.html (562 words)

	The European Court of Justice
		On the fundamental rights issue, the Court was silent, neither explicitly embracing nor rejecting the notion that its jurisprudence should be extended in the manner suggested by Advocat General Jacobs.
		By contrast, such fundamental rights protection might not be available where such a human element is lacking -- for example, with respect to measures regulating the relationship between tourists and providers of banking, insurance or transportation services of which the tourist makes use while visiting the Member State in question.
		Compliance with fundamental rights in the ERT context exists as simply another hurdle -- like those of establishing a legitimate aim and demonstrating that the measure in question is proportional -- which the Member State must overcome to justify a particular law, regulation or practice.
	www.jeanmonnetprogram.org /papers/95/9504ind.html (15686 words)

	Chief Justice (Site not responding. Last check: 2007-10-31)
		Justice Lamer (who later became the Chief Justice of Canada) noted that the phrase “principles of fundamental justice” does not refer to a specific right, but qualifies the right not to be deprived of “life liberty and the security of the person” (as stated in the first part of section 7 of the
		The principles of fundamental justice are to be found in the basic tenets and principles not only of our judicial process but also of the other components of our legal system.
		The words “principles of fundamental justice”, therefore, cannot be given any exhaustive content or simple enumerative definition but will take on concrete meaning as the courts address alleged violations of s.
	www.fathers.ca /chief_justice.htm (7468 words)

	Lex View 41.0 - Marijuana Use, Fundamental Justice, and Morality
		In deliberating over what these principles of fundamental justice are, the Court cautioned that the principles do not incorporate the full range of moral demands, but rather are limited to those principles which are also legal principles.
		The appellant Clay argued that it is a principle of fundamental justice that the criminal law must only be used to proscribe conduct that is reasonably believed to be harmful.
		It is therefore necessary that the denial of liberty be in accordance with the principles of fundamental justice.
	www.culturalrenewal.ca /lex/lex-41.htm (3475 words)

	The Hindu : Speedy justice - a fundamental right, says Supreme Court
		Justice R.P. Sethi said ``if an appeal (in a criminal case) is not disposed of within the aforesaid period of five years, for no fault of the convicts, such convicts may be released on bail on such conditions as may be deemed fit and proper by the Court.''
		Justice K.T. Thomas, on the facts and circumstances of the case released on bail a mother-in-law (appellant) ``on furnishing a personal bond with two sureties in the amount and to the satisfaction of the trial court'' (in Madhya Pradesh).
		The Bench also directed that the order of conviction and sentence of life imprisonment - passed on the appellant on the charge of murder of her daughter-in-law (by the trial court on February, 1997) ``shall be kept in abeyance''.
	www.hindu.com /2001/03/24/stories/0224000w.htm (396 words)

	Fundamental Issues - Justice
		For such people, the argument of deterrence has no merit; and in terms of true justice, preventing future acts of violence is not the primary issue in the first place.
		Justice Harry Blackmun, on an edition of "Frontline" on PBS, described with pitiful detail the strapping down and injection of convicted killer Bruce Edwin Callins, the weaknesses of trials and lawyers, and the means by which verdicts are reached.
		It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional; for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat.
	www.integrity.com /homes/burton1/justice.htm (1859 words)

	EUROPA - Justice and Home Affairs - Freedom, Security and Justice - Fundamental rights
		Protecting fundamental rights and creating a European area of freedom, security and justice are two intrinsically linked tasks, which are actually two sides of the same coin.
		The Court of Justice of the European Communities can be distinguished as the first EU body to stress the need to respect the fundamental rights of the individual.
		The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.
	ec.europa.eu /justice_home/fsj/rights/fsj_rights_intro_en.htm (1184 words)

	Sisters of Mercy of the Americas - Justice
		The spirit of the Lord has been given to me, for he has anointed me. He has sent me to bring the good news to the poor, to proclaim liberty to captives, and to the blind new sight, to set the downtrodden free and to proclaim the Lord's year of favor.
		Fundamental question: How are people included in or excluded from participating in the life and benefits of family and society?
		It is imperative that we work for justice and peace among all peoples and nations.
	www.sistersofmercy.org /justice/principles.html (732 words)

	Indiana courts have opportunity to pursue spirit of Illinois' Fundamental Justice Amendment
		BLOOMINGTON, Ind. -- Lawyers and activists seeking a permanent stay of convicted murderer Darnell Williams' execution are raising the same kinds of issues in Indiana that the Fundamental Justice Amendment in Illinois was designed to resolve, says an Indiana University Bloomington law professor who authored the historic death penalty legislation.
		Joseph L. Hoffmann, the Harry Pratter Professor of Law at IU Bloomington, drafted the Illinois legislation, which is intended to transform the state's famously flawed capital punishment system into a national model.
		Hoffmann, who is not directly involved in the Williams case and knows only what has appeared in public reports, said Williams' lawyers are asking the Indiana courts to do exactly what the Illinois courts would be authorized to do under the Fundamental Justice Amendment.
	newsinfo.iu.edu /news/page/normal/1097.html (653 words)

	Canada, Cunningham v. Canada
		This appeal is to determine whether the 1986 amendment to the Parole Act amounts to a denial of the appellant's liberty contrary to the principles of fundamental justice under s.
		The 1986 amendment to the Parole Act did not, however, violate the principles of fundamental justice, which are concerned not only with the interest of the person who claims his liberty has been limited, but with the protection of society.
		While some of the information relied on was in the files prior to the six-month period before the prospective release date that should not prevent the Commissioner from relying on new and revised reports to the same effect when they come to his attention within the six-month period.
	www.hrcr.org /safrica/freedom_security/cunningham_canada.html (640 words)

	Untitled Document (Site not responding. Last check: 2007-10-31)
		For example, an injustice occurs when a suspect is executed without due process, or when a fl man is denied his freedom because of his race, or when a thief hoodwinks an elderly couple out of their life-savings.
		In other words, fundamental human rights can be guaranteed by any functioning government because to do so requires no action or resources on the part of the state.
		The ELCA's statement on social justice, and its vision of itself as a public church is predicated on the idea that the disparity between the wealthiest and poorest of nations is due to the rapaciousness of the former.
	home.comcast.net /~mtp1032/Opinion/elca_justice_and_human_rights.htm (1680 words)

	Analysis of 2 January Windsor
		S.7 of the Charter provides that everyone in Canada, not just citizens, have the right to life, liberty and the security of their persons and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
		The principles of fundamental justice require that the criteria or 'legislative standard' be set out in the Act, not just the easily changeable regulations.
		Consequently s.7 of the Charter, and specifically "the principles of fundamental justice" require that before "liberty" or the "security of ones person" can be affected there must be some legislated criteria set out in the Act against which any discretion given is measured.
	www.drugtext.org /library/articles/conroy01.htm (726 words)

	University of Toronto - Faculty of Law: Students
		Madam Justice Joan Lax intervened during Jones' submissions to question him on a source relied on in the respondent's factum.
		Morris argued that two principles of fundamental justice were impugned by the government's prohibition on needle exchanges in prisons: the harm principle and so-called "manifest unfairness".
		Standing his ground, Morris tried to defend his submissions on the principles of fundamental justice from attack by Justice Arbour.
	www.law.utoronto.ca /students_content.asp?itempath=2/2/10/1/0&contentid=774&ctype=webpages (652 words)

	Freedom Party of Ontario (CANADA) - Freedom Flyer 32 - Oct 1997
		"A mere common law rule does not suffice to constitute a principle of fundamental justice," argued McCart, in his citing of previous court decisions.
		With this definition, McCart has made it alarmingly clear that in the court's method of reasoning, "fundamental" means "consensus".
		Thus, under this definition, a "fundamental principle" is a policy with which a majority agrees, whether or not it is objectively valid.
	www.freedomparty.on.ca /freedomflyer/ff32_04.htm (472 words)

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