What is the burden of establishing Charter breaches?
British Columbia, Canada
The following excerpt is from R. v. Richards, 2015 BCPC 353 (CanLII):
The accused has the burden of establishing a Charter breach on a balance of probabilities. The accused bears both the evidentiary burden and the ultimate burden of proving that there has been a Charter violation: Collins v. HMTQ, 1987 CanLII 84 (SCC), [1987] 33 CCC (3d) 1.
"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
What is the test for a Charter voire dire to establish a breach of section 7 of the Charter? (British Columbia, Canada)
What is the test for establishing that a section of the Constitution or the Charter has been breached? (British Columbia, Canada)
What is the burden of establishing that the insured was in breach of the policy by driving his vehicle when not qualified and authorized to do so? (British Columbia, Canada)
What is the burden of establishing a Charter violation? (British Columbia, Canada)
What is the burden of establishing that any one of the conditions is satisfied? (British Columbia, Canada)
Can an application be dismissed for want of prosecution where an action had been commenced in 2010 for damages for false imprisonment, arbitrary detention and Charter breaches? (British Columbia, Canada)
Does a judge have to grant an injunction when a breach of a by-law is established? (British Columbia, Canada)
What is the evidentiary burden of a breach of human rights? (British Columbia, Canada)
What is the burden of establishing an evidentiary basis for imputation of income? (British Columbia, Canada)
What is the test for establishing that a breach of the standard of care was a factor in a motor vehicle accident? (British Columbia, Canada)
