What are the requirements that a limit under Section 1 of the Charter be prescribed by law?
British Columbia, Canada
The following excerpt is from R. v. Douglas, 2002 BCPC 666 (CanLII):
Mr. Justice LeDain discussed the requirements that the limit under Section 1 of the Charter be prescribed by law in Regina v. Therens (1985), 1985 CanLII 29 (SCC), 18 C.C.C. (3d) 481 at 506: The requirement that the limit be prescribed by law is chiefly concerned with the distinction between a limit imposed by law and one that is arbitrary. The limit will be prescribed by law within the meaning of Section 1 if it is expressly provided for by statute or regulation or results by a necessary implication from the terms of a statute or regulation or from its operating requirements.
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