In what circumstances will a Charter challenge not be heard?
British Columbia, Canada
The following excerpt is from Trans Mountain Pipeline ULC v Mivasair, 2018 BCSC 1530 (CanLII):
Further various courts have repeatedly ruled that Charter challenges will not be decided in the absence of an evidentiary record. In Allen v. Alberta, 2015 ABCA 277, Slatter J.A. Wrote:
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