What is the test for a court to determine whether a piece of legislation is constitutional?
British Columbia, Canada
The following excerpt is from District of Maple Ridge v. Meyer, 2000 BCSC 902 (CanLII):
Courts must apply consideration of policy along with legal principle. The task requires a combination that balances legal skill, respect for established rules and plain common sense. The approach must be flexible and not technical. Although the dominant purpose, or aim of legislation, often provides the key to constitutional validity, taking into account purpose and effect can be of importance. [R v. Morgentaler, 1993 CanLII 74 (SCC), [1993] 3 S.C.R. 463 at 481-83].
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