What is the test for establishing the factual basis in Charter cases?
British Columbia, Canada
The following excerpt is from Churchill v. Greater Vancouver Transportation Authority, 2001 BCSC 572 (CanLII):
In MacKay v. Manitoba (1989), 1989 CanLII 26 (SCC), 61 D.L.R. (4th) 385 (S.C.C.) at p. 388, under the heading "The essential need to establish the factual basis in Charter cases", Cory J. said: Charter decisions should not and must not be made in a factual vacuum. To attempt to do so would trivialize the Charter and inevitably result in ill-considered opinions. The presentation of facts is not, as stated by the respondent, a mere technicality; rather, it is essential to a proper consideration of Charter issues.
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