Does s. 146 of the Criminal Code of Canada need to be amended so that s. 1 does not have to be changed?
Alberta, Canada
The following excerpt is from R. v. Brooks, 1987 CanLII 3214 (AB QB):
An application of the criteria set out in R v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 S.C.R. 103, 50 C.R. (3d) 1, 24 C.C.C. (3d) 321, 26 D.L.R. (4th) 200, 19 C.R.R. 208, 14 O.A.C. 335, 65 N.R. 87, leads me to conclude that s. 1 does not operate so as to save s. 146 of the Criminal Code. In my opinion, s. 146 results in unequal protection and unequal benefit of the law that offends the values and principles essential to a free and democratic society.
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