What is the test for breaching a Charter right?
Alberta, Canada
The following excerpt is from Ngo v. The Queen, 2003 ABCA 121 (CanLII):
In determining whether there has been a breach of a Charter right, the first step in the analysis is “to delineate the nature of the interests it is meant to protect”: Hunter v. Southam, 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145 at 157.
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