What is the legal test for Charter arguments?

The stringent test exist because charter arguments generally require a factual foundation based on evidence adduced at trial. As stated in MacKay v. Manitoba 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357: “9 Charter decisions should not and must not be made in a factual vacuum. To attempt to do so would trivialize the Charter and inevitably result in ill-considered opinions. The presentation of facts is not, as stated by the respondent, a mere technicality; rather, it is essential to a proper consideration of Charter issues. A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void. Charter decisions cannot be based upon the unsupported hypotheses of enthusiastic counsel.”