As the Chief Justice of Canada put it in Schachter v. Canada, July 9, 1992, No. 21889 (at p. 10) [since reported 1992 CanLII 74 (SCC), 93 D.L.R. (4th) 1 at p. 10, [1992] 2 S.C.R. 679, 92 C.L.L.C. ¶14,036]: I find it appropriate at the outset to register the court’s dissatisfaction with the state in which this case came to us. Despite the fact that Andrews v. Law Society of British Columbia (1989), 1989 CanLII 2 (SCC), 56 D.L.R. (4th) 1, [1989] 1 S.C.R. 143, 25 C.C.E.L. 255, was handed down in between the trial and appeal of this matter, the appellants chose to concede a s. 15 violation and to appeal only on the issue of remedy. This precludes this court from examining the s. 15 issue on its merits, whatever doubts might or might not exist about the finding below. Further, the appellants’ choice not to attempt a justification under s. 1 at trial deprives the court of access to the kind of evidence that a s. 1 analysis would have brought to light.
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