Operation Dismantle Case

Cruise Missile Case (1985). A group of organizations led by Operation Dismantle went to court to argue that the decision of the Canadian government to allow the US to test cruise missiles in Canada was contrary to s7 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS, which states "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Their argument was that the development of the cruise missile increased the risk of nuclear war and made Canada more likely to be the target of a nuclear attack. The Supreme Court of Canada declared on 9 May 1985 that federal Cabinet decisions are subject to judicial control by virtue of s32(1) of the Charter, but that the decision of the Cabinet in this case could not be considered as being contrary to the duties of the executive. The appeal to the Supreme Court was rejected on the basis that there was no violation of section 7 of the Charter. The possible consequences of the authorization given by the Cabinet were purely speculative. A causal relationship between the permission that was given and an increase in the threat of nuclear conflict, with a resulting threat to life, liberty and security of the person, could not be established.

Author GÉRALD-A. BEAUDOIN