What is the test for relief in Charter cases?
Ontario, Canada
The following excerpt is from R. v. V.B., 2012 ONSC 6896 (CanLII):
Relief in respect of alleged prospective Charter breaches will only be granted in circumstances where the claimant is able to prove that there is a sufficiently serious risk that the alleged violation will in fact occur: Phillips v. Nova Scotia (Westray Inquiry), at paras. 108-110, per Cory J. (Iacobucci and Major JJ. concurring). .
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