What is the test for a motion against the impugned rules?
Saskatchewan, Canada
The following excerpt is from R. v. Bodnar, 2009 SKPC 115 (CanLII):
He then adopts Cory J.’s comments in MacKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357 and concludes that where the applicant: ... seeks to attack the impugned rules on the basis of their alleged effect. It would be difficult if not impossible for a motions judge to assess the merits of the application without evidence of those effects, by way of adjudicative facts (i.e. actual instances of the use or threatened use of the impugned rules) and legislative facts (i.e. the purpose, history and perceptions of the impugned rules)...
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