Explore the profound impact of Section 7 of the Canadian Charter of Rights and Freedoms on criminal and penal law in this course, "Substantive Principles of Fundamental Justice". We delve into the principles that define the core fairness and rationality required of laws affecting life, liberty, and security of the person.

While fundamental justice encompasses both procedural fairness and substantive limits, this course focuses on the latter, examining how the Supreme Court of Canada has interpreted and applied these essential constitutional guarantees.

Key topics include:

• The "instrumental rationality" principles: prohibiting arbitrary, overbroad, and grossly disproportionate laws.
• General substantive norms like the prohibition against vagueness and the requirement that the state obey the law.
• Principles specific to penal responsibility, such as the need for voluntary behaviour and minimum fault standards, including the "stigma" principle for serious offences.
• Constitutional protections related to penal investigations, including the right to silence and the privilege against self-incrimination.
• Principles influencing sentencing, burdens of proof, and the treatment of young and mentally disordered offenders.

Gain a comprehensive understanding of these vital principles and their application through landmark jurisprudence, learning how they shape the contours of state power and individual rights in the Canadian legal system.