What is the test for “minimally impairs” a Charter right?
British Columbia, Canada
The following excerpt is from British Columbia Teachers’ Federation (Chudnosky) v. British Columbia, 2011 BCSC 469 (CanLII):
The court must give the government a “margin of appreciation” when considering whether legislation “minimally impairs” a Charter right. The test is not whether the court could conceive of a measure that would be less intrusive of a Charter right. Where the measure adopted falls outside a range of “reasonable alternatives”, and does not impair the Charter right “as little as reasonably possible”, the court will find it does not satisfy the minimal impairment test: Trociuk v. British Columbia (Attorney General), 2003 SCC 34, [2003] 1 S.C.R. 835 at para. 36.
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