What is the current state of the law in the context of the facts of a Charter case?

Constitutional and human rights issues must not be decided in a factual vacuum. Such determinations must be based on evidence. As Cory J. put it in Mackay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357, at p. 361–62: 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.