Life, Liberty & Security of the Person (s.7)

Section 7 of the Charter guarantees the Canadians have the right to life, liberty and security of the person and the right not to be deprived of these things except in accordance with the principles of fundamental justice.

This Charter right is often cited as support for an accused person’s “right to silence” and is closely connected to the presumption of innocence. Greg DelBigio has considerable experience defending the Section 7 rights of clients. For a recent Supreme Court of Canada case where Mr. DelBigio successfully represented his client in connect to the right to silence and post offence conduct see R. v. Turcotte.

He has also appeared in the Supreme Court of Canada on other cases involving Section 7 rights. For example, Mr. DelBigio represented the Canadian Bar Association in whether s. 83.28 of the Criminal Code (a post 9/11 Code amendment, providing judicial authority to conduct investigatory hearings to gather information on terrorist offences) infringed s. 7. He also co-counsel for the CBA in New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] 3 S.C.R. 46.

Most recently, Mr. DelBigio made submissions to the Supreme Court of Canada on behalf of the British Columbia Civil Liberties Association in Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, a case reviewing the constitutional validity of security certificates issued under the Immigration and Refugee Protection Act

Recent News
19 Nov 2012

In July 2012, Mr. DelBigio joined leading tax firm Thorsteinssons LLP as Counsel in that firm’s tax litigation group. Mr. DelBigio will be offering clients his significant expertise in cases involving tax evasion, search and seizure and constitutional defences. Mr. DelBigio will continue to service ongoing clients and offer criminal defence services for other criminal.

17 Jun 2010

As recently reported by the Canadian Bar Association, the Air India Inquiry final report, released on June 17, made a number of recommendations that were consistent with proposals made by the CBA in its intervention at the Inquiry. The report singled out the CBA’s submissions on the relationship between intelligence and evidence and the challenges.

2 May 2010

“Court can order lawyers to work for free,”* April 9, 2010, Lawyers Weekly. View the article. In this case a criminal defence lawyer (Cunningham) was employed by Yukon Legal Aid to represent an accused charged with sexual offences against a young child. The accused failed to update his financial information as required by Legal Aid.