What is the onus of proof in a constitutional challenge based on the evidence provided by the respondents?
British Columbia, Canada
The following excerpt is from United Mexican States v. Ortega, 2005 BCCA 270 (CanLII):
I agree that if the respondents' constitutional challenge were based on the evidence they would bear the onus of proof: Netherlands v. Clarkson (2000), 146 C.C.C. (3d) 482, 2000 BCCA 461 at para. 32, leave to appeal to S.C.C. refused, [2000] 2 S.C.R. vii.
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