What is the test for using s. 10(b) of the Charter to argue that the amended provisions in the Charter do not violate section 8(b)?
British Columbia, Canada
The following excerpt is from Gregory v. British Columbia (Superintendent of Motor Vehicles), 2018 BCCA 7 (CanLII):
On 8 September 2014, Justice Macaulay ruled on the constitutional validity of the amended provisions, holding that they did not violate s. 8 of the Charter and any violations would have been saved by s. 1: Bro v. British Columbia (Superintendent of Motor Vehicles), 2014 BCSC 1682. In that case, the petitioners did not rely on s. 10(b) of the Charter, and the decision was not appealed.
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