What is the test for constitutional vagueness?

Ontario, Canada


The following excerpt is from Cochrane v. Ontario (Attorney General), 2007 CanLII 9231 (ON SC):

Gonthier J. considered the doctrine of vagueness further in Ontario v. Canadian Pacific. In determining whether a particular provision is constitutionally vague, the court must consider whether the provision “…provides a sufficient basis for distinguishing between permissible and impermissible conduct, or for ascertaining an ‘area of risk’” (at 1070). The court should consider whether the law “…provides sufficient guidance for legal debate as to the scope of prohibited conduct” (at 1070). The standard of precision required will vary depending on the nature and subject matter (at 1071). The existence of an identifiable “core” of activity that is prohibited is often an indicator that the law provides sufficient guidance for legal debate (at 1047).

Other Questions


Is Rule 13 interpreted more narrowly in non-constitutional litigation than in constitutional cases? (Ontario, Canada)
What is the constitutional significance of s. 2(b) of the Charter protecting the freedom of the media to comment on the administration of the courts and other components of the justice system? (Ontario, Canada)
What are the two remedies to a constitutional challenge to legislation? (Ontario, Canada)
What is the constitutional jurisdiction of an employer that employs employees who would otherwise be subject to provincial jurisdiction? (Ontario, Canada)
What is the leading authority on constitutional remedy? (Ontario, Canada)
Is there a constitutional or statutory right of an incapable person to have her best interests decided in the first instance by an S.D.M.A.O. appointed by a spouse or relative? (Ontario, Canada)
What is the current state of the law on the definition of vagueness? (Ontario, Canada)
What is the test for vagueness in a challenge to a federal anti-free speech statute? (Ontario, Canada)
What is the mootness doctrine and what is the effect of mootness on constitutional issues? (Ontario, Canada)
What is the test for constitutional validity of a right to vote in a referendum? (Ontario, Canada)

There are no other similar questions at this time.