What is the current state of the law on Charter issues?
Canada (Federal), Canada
The following excerpt is from Savunthararasa v. Canada (Public Safety and Emergency Preparedness), 2016 FCA 51 (CanLII), [2017] 1 FCR 318:
It is well-settled law that Charter issues must not be decided in a factual vacuum. Illustrative of this principle is Justice Cory’s comment in MacKay v. Manitoba that to attempt to decide Charter issues without a proper evidentiary record “would trivialize the Charter and inevitably result in ill-considered opinions. The presentation of facts […] is essential to a proper consideration of Charter issues” (MacKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357 at page 361, 61 D.L.R. (4th) 385).
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