What is the test for providing an adequate factual basis for a constitutional challenge?

British Columbia, Canada


The following excerpt is from A1901639 (Re), 2021 CanLII 59994 (BC WCAT):

The failure to provide an adequate factual basis for a constitutional challenge is fatal to that challenge: Mackay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357.

Other Questions


What is the test for establishing a factual basis for a constitutional challenge? (British Columbia, Canada)
What is the onus of proof in a constitutional challenge based on the evidence provided by the respondents? (British Columbia, Canada)
Is the petitioner's evidence of her taking her hand not challenged or challenged? (British Columbia, Canada)
Is a service provider required to disclose the name and location of a residential home and the name of the service provider? (British Columbia, Canada)
What is the test for an argument that services provided by the wife to the stepmother constitute "unjust enrichment"? (British Columbia, Canada)
What constitutes misconduct of counsel at a credible basis hearing? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
What is the basis for the cross-challenge on credibility and reliability? (British Columbia, Canada)
Does a vehicle provided by an employer as a crew bus constitute an extension of the employer's premises? (British Columbia, Canada)
What is the proper course for a challenge of an order on the basis of new evidence? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.