What does the principle of 'due process' mean?

Due process means that the government must respect all the legal rights a person is entitled to under the law. Discover Canada states this directly: "Due process is the principle that the government must respect all the legal rights a person is entitled to under the law."

Due process is one of the four foundational principles of Canada's legal system. Discover Canada describes the legal heritage as built on: the rule of law, freedom under the law, democratic principles, and due process.

Discover Canada also notes that "the Canadian justice system guarantees everyone due process under the law." This applies to everyone — including the government itself, judges, politicians, and the police.

Due process is what stops the government from acting arbitrarily against individuals. Even in serious criminal investigations, the state cannot bypass legal protections that the law guarantees to the person being investigated.

This principle is what gives Canadian citizens — and anyone in Canada — confidence that the legal system will treat them fairly.