What is the test for justifying the limitation of Charter right to prove that a party has met the Charter's requirements on a balance of probabilities?

Ontario, Canada


The following excerpt is from Frank v. Canada (Attorney General), 2015 ONCA 536 (CanLII):

The onus lies on the party seeking to justify the limitation of the Charter right to prove these requirements on a balance of probabilities: RJR-MacDonald v. Canada, 1995 CanLII 64 (SCC), [1995] 3 S.C.R. 199, at paras. 137-38.

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