What is the test for challenging the terms of a discretionary judicial order made pursuant to otherwise valid legislation?

The respondent is challenging sections of a provincial statute as opposed to the terms of a discretionary judicial order made pursuant to otherwise valid legislation. Legislation must be consistent with the Charter. The first step in any analysis is to determine whether or not a Charter right is engaged by the legislation. In effect, one must determine whether a violation of a particular Charter right has occurred. If it has occurred, then I must determine whether the violation can be demonstrably justified in accordance with section 1 of the Charter: Regina v. Oakes (1986), 1986 CanLII 46 (SCC), 24 C.C.C. (3d) 321 (S.C.C.). The state has the burden of proving justification whenever legislation impairs Charter rights. CHARTER RIGHTS POTENTIALLY AFFECTED BY THE ACT A. Freedom of Expression