What is the justification under s. 1 of the Charter of Canada's "fundamental justice" legislation?

This section permits legislative provisions which would otherwise breach Charter rights to be found constitutional. As when considering the principles of fundamental justice, the inquiry at this stage involves some consideration of whether the “law strikes the right balance between the accused's interests and the interests of society.” (Cunningham v. Canada, 1993 CanLII 139 (SCC), [1993] 2 S.C.R. 143 at 152). But the justification analysis under s. 1, as noted above, goes beyond the internal limitations proscribed by the principles of fundamental justice and incorporates broader values, namely those of a free and democratic society. (See Mills, supra). Section 1 analysis thus involves two parts.