Is there an essential need to establish the factual basis in all Charter cases?
Saskatchewan, Canada
The following excerpt is from S.P. (Re), 2007 SKQB 87 (CanLII):
Counsel for the Attorney General for Saskatchewan cited MacKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357 at 361 and 362 for the proposition that there is an essential need to establish the factual basis in all Charter cases. Cory J. stated: 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....
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