What is the onus of proof in a Charter challenge?
Prince Edward Island, Canada
The following excerpt is from M.C. v. R.P., 2009 PECA 15 (CanLII):
The onus of proof in a Charter challenge is upon those seeking to establish that their rights have been violated. In this case, it would be necessary for the appellant to establish either that the legislation infringes the right or freedom or that the effects of the legislation have resulted in a Charter violation. See: Hunter v. Southam Inc., 1985 CanLII 74 (SCC), [1985] 1 S.C.R. 441. In this matter, the appellant has not satisfied the onus of proof.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a person's right to hold a driver s license and operate a motor vehicle a liberty protected by s.7 of the Charter? (Prince Edward Island, Canada)
What is the standard of proof for a finding of negligent investigation by a public police force? (Prince Edward Island, Canada)
What is the test for lack of proof in a Small Claims Matter? (Prince Edward Island, Canada)
What is the current state of the Charter in Canada? (Prince Edward Island, Canada)
What is the test for obtaining relief under s. 24 of the Charter? (Prince Edward Island, Canada)
What is the test for “overriding error” in the context of a challenged finding of fact? (Prince Edward Island, Canada)
Is there any new arguments that have been brought before the Court of Appeal on an appeal? (Prince Edward Island, Canada)
What is the difference between a shareholder's notice of acceptance and rejection of an offer in a shareholder’s agreement? (Prince Edward Island, Canada)
What are the grounds for malice in the statement of claim? (Prince Edward Island, Canada)
What is the summary judgment case law in summary judgment cases? (Prince Edward Island, Canada)
