What is the evidentiary burden of a breach of human rights?
British Columbia, Canada
The following excerpt is from R. v. Mostowy, 2014 BCSC 2479 (CanLII):
Thus where the breach of rights is prospective, the applicant bears a heavy evidentiary burden that requires the applicant to prove that "there is a sufficiently serious risk that the alleged violation will in fact occur": Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 at paras. 108-111.
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