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The constitution is the basic system of laws of a country which defines and limits the powers of the ruling body The Canadian constitution is a written document which states the rules that construe and interpret the powers of federal and provincial governments and authenticate the responsibilities and rights of the Canadian citizens Among these laws are section 7 11 12 which set out rights that protect us in our dealings with the justice system These specific sections ensure that individuals who are involved in legal proceedings are treated fairly and equally In three specific cases the funedamental rights entrenched in the charter challenged legislation In the case of R v Morgentaler abortion laws were struck down because they violated the liberty and security of the women Section 11b was used to rightfully dismiss the case of R v Askov because the trial was unreasonably delayed The accused in the case of R v Smith was given an excessively cruel punishment which is inconsistent with section 12 of the charter Section 7 Section 7 of the constitution states that everyone has the right to life liberty and security of the person and the right not to be deprived thereof except in the accordance with the principles of fundamental justice Section 7 guarantees the life liberty and personal security of all Canadians It also demands that governments respect the basic principles of justice not to intrude on those rights Section 7 of the charter often comes into play in criminal matters because an accused person clearly faces the risk of losing if convicted his or her own liberty Section 7 has had direct impact on R v Morgentaler a case that Supreme Court of Canada considered in 1988 Dr Morgentaler is a doctor in private practice who at the time was providing abortion terminations outside the parameters of the law The law under section 251 of the criminal code required all abortions to be approved by
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