What is the test for establishing that a section of the Constitution or the Charter has been breached?
British Columbia, Canada
The following excerpt is from Cambie Surgeries Corporation v British Columbia (Attorney General), 2017 BCSC 1493 (CanLII):
British Columbia raises a preliminary issue. It says that in order to challenge the constitutionality of valid legislation, the rules on court fees in this case, the plaintiffs must identify which section of the Constitution or the Charter has allegedly been breached. The defendant says that the plaintiffs have failed to do so and general principles such as the rule of law do not constitute a stand-alone ground for invalidating otherwise legitimate legislation (British Columbia v. Imperial Tobacco Canada Ltd., 2005 SCC 49 at para. 56-68).
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