How does the principle of "fundamental justice" affect criminal law processes?

The principle of "fundamental justice" is a critical component of Canadian criminal law, rooted in Section 7 of the Canadian Charter of Rights and Freedoms. This principle ensures that individuals are treated fairly and are afforded due process in legal proceedings. It embodies the notion that justice must be administered in a manner that upholds the legal rights of the accused and provides a transparent, equitable judicial process.

In practice, this means that defendants are entitled to a fair trial, the right to be presumed innocent until proven guilty, and the right to legal representation, among other rights. These protections serve to maintain public confidence in the justice system and help prevent wrongful convictions.

The focus on fair treatment ensures that all individuals, regardless of their background or circumstances, receive equal protection under the law. This principle also aids in establishing that any restrictions on individual rights must be reasonable, justifiable, and in accordance with the legal norms of society.