What is the test for establishing a factual basis for a constitutional challenge?
British Columbia, Canada
The following excerpt is from R. v. Wilson-Jules-Derrickson, 2000 BCSC 484 (CanLII):
In Danson v. Ontario (Attorney General), 1990 CanLII 93 (SCC), [1990] 2 S.C.R. 1086 Sopinka J., in describing the need for a factual basis for a constitutional challenge, referred to MacKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357 where Cory J., speaking for the unanimous court, said at 361-2: Charter decisions should not and must not be made in a factual vacuum. To attempt to do so would trivialize the Charter and inevitably result in ill‑considered opinions. The presentation of facts is not, as stated by the respondent, a mere technicality; rather, it is essential to a proper consideration of Charter issues.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for providing an adequate factual basis for a constitutional challenge? (British Columbia, Canada)
What is the test for establishing the factual basis in Charter cases? (British Columbia, Canada)
What is the test for establishing a proper factual foundation in a Charter challenge? (British Columbia, Canada)
What is the test for establishing discrimination on the basis of physical disability? (British Columbia, Canada)
Is the petitioner's evidence of her taking her hand not challenged or challenged? (British Columbia, Canada)
In a long-term marriage, can a husband appeal a decision of the trial judge dismissing his spousal support claim on the basis that he has not established any need? (British Columbia, Canada)
What constitutes misconduct of counsel at a credible basis hearing? (British Columbia, Canada)
What is the test for establishing that a section of the Constitution or the Charter has been breached? (British Columbia, Canada)
What is the proper course for a challenge of an order on the basis of new evidence? (British Columbia, Canada)
What is the burden of establishing an evidentiary basis for imputation of income? (British Columbia, Canada)
