What is the test for "least impairing" legislation?
Alberta, Canada
The following excerpt is from Morrow v. Zhang, 2008 ABQB 98 (CanLII):
In Baier v. Alberta, 2007 SCC 31, Fish J. elaborated, at para. 120: Legislatures are not bound to adopt the “least impairing” means of furthering pressing and substantial objectives. They cannot, however, interfere with or limit constitutionally protected rights or freedoms in a manner that plainly overshoots the mark. Although these observations were made in the context of a dissenting opinion, there was no need for the majority to comment on s. 1, as it found that there was no Charter violation.
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