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6.21.3. Reasonable and justified limits under s 7(2)

  1. As with all Charter rights, the rights in s 27(1)-(3) are subject to limitation in accordance with the general limitations clause in s 7(2).
  2. The courts have not considered the rights in s 27 in any detail. Under the ICCPR, the right against retrospective criminal laws and the rights relating to changed penalties for criminal offences under art 15(1) are not subject to a general limitations clause, and are limited only by art 15(2), on which s 27(4) is modelled.

Last updated: 10 May 2016

See Also

6.21. Retrospective criminal laws (s 27)

6.21.1. Introduction

6.21.2. Scope of the right