What is the legal test for identifying an objective in the context of section 1 analysis?
Ontario, Canada
The following excerpt is from R. v. McCaw, 2018 ONSC 3464 (CanLII):
The task of identifying the objective of impugned legislation is a difficult one; and care must be taken not to overstate the objective. As cautioned by McLaughlin J. in RJR-MacDonald v. Canada (Attorney General), 1995 CanLII 64 (SCC), [1995] S.C.J. No. 68 (S.C.C.): Care must be taken not to overstate the objective. The objective relevant to the s. 1 analysis is the objective of the infringing measure, since it is the infringing measure and nothing else which is sought to be justified. If the objective is stated too broadly, its importance may be exaggerated and the analysis compromised.[Emphasis added]
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