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Report No. 196

The learned Judge said:

"It is not necessary to determine whether the right extends further, to protect other interests central to personal autonomy, such as right to privacy, or interests unrelated to criminal justice. Although this interference with physical and emotional integrity is sufficient in itself to trigger a review of section 251 against the principles of fundamental justice, the operation of the decision-making mechanism set out in section 251 creates additional glaring breaches of security of the person." (There is no reference to language of section 251 in any part of the judgment.)

The judgments of the Canadian Supreme Court can be seen to encompass a notion of personal autonomy involving, at the very least, control over one's body integrity free from State interference and freed from State imposed psychological and emotional stress.



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