What is the test for the purpose and effects of legislation under review?
British Columbia, Canada
The following excerpt is from R. v. Elton, 2014 BCSC 693 (CanLII):
Under the sub-heading of "Discussion", she said the following: An analysis of constitutional validity begins with an examination of the purpose and effects of the impugned legislation. As stated in Regina v. Big M Drug Mart Ltd., 1985 CanLII 69 (SCC), [1985] 1 S.C.R. 295 at 334: ...the legislation's purpose is the initial test of constitutional validity and its effects are to be considered when the law under review has passed or, at least, has purportedly passed the purpose test...Thus if a law with a valid purpose interferes by its impact with rights or freedoms, a litigant could still argue the effects of the legislation as a means to defeat its applicability and possibly its validity. In short, the effects test will only be necessary to defeat legislation with a valid purpose; effects can never be relied upon to save legislation with an invalid purpose.
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