The test for the application of s. 1(b) of the Bill of Rights is as follows: There must be a federal objective that provides a reasonable justification for the particular inequality in the sense that the inequality is not clearly arbitrary or capricious, but finds some legitimate basis in the particular legislative policy. The burden is on the person invoking s. 1(b) of the Bill of Rights to show an inequality created by federal legislation is not justified by a valid federal objective. See: R v. Cornell, [1988] S.C.R. 401 at paras. 16 and 21.
"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.