What is the test for a plaintiff to bring a motion against legislation that would have prevented him from performing certain activities under section 2(d) of the Charter?
Manitoba, Canada
The following excerpt is from Fletcher v. The Government of Manitoba, 2018 MBQB 104 (CanLII):
The applicant’s position is that based upon the test outlined in Dunmore v. Ontario (Attorney General), 2001 SCC 94, [2001] 3 S.C.R. 1016, all he needs to demonstrate is (at para. 13): [T]hat such activities fall within the range of activities protected by s. 2(d) of the Charter, and . . . that the impugned legislation has, either in purpose or effect, interfered with these activities.
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