What is the onus of proof in a Charter challenge?
Prince Edward Island, Canada
The following excerpt is from M.C. v. R.P., 2009 PECA 15 (CanLII):
The onus of proof in a Charter challenge is upon those seeking to establish that their rights have been violated. In this case, it would be necessary for the appellant to establish either that the legislation infringes the right or freedom or that the effects of the legislation have resulted in a Charter violation. See: Hunter v. Southam Inc., 1985 CanLII 74 (SCC), [1985] 1 S.C.R. 441. In this matter, the appellant has not satisfied the onus of proof.
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