If paragraph 40(5)(a) violates subsection 15(1) of the Charter, is that breach justified?
Canada (Federal), Canada
The following excerpt is from Tan v. Canada (Attorney General), 2015 FC 907 (CanLII):
Finally, the Respondent argues that if paragraph 40(5)(a) violates subsection 15(1) of the Charter, the breach is justified under section 1 of the Charter and the test set out in R v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 S.C.R. 103 at paragraphs 69-71.
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