Law Commons^™

The Forgotten Right: Section 9 Of The Charter, Its Purpose And Meaning, James Stribopoulos

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper examines why section 9 of the Charter, the right not to be arbitrarily detained or imprisoned, has failed to flourish. The paper argues that the right has essentially remained dormant because the Supreme Court of Canada has not yet expressly identified the underlying purpose of this important constitutional guarantee. After briefly canvassing the current state of affairs under section 9, the paper shifts to a purposive analysis of the guarantee. Its historic antecedents, the provision’s drafting history, the international influences that helped shape its framing, the testimony of senior civil servants involved in its drafting, as well as …