What is the test for a person challenging a law’s constitutionality?
Canada (Federal), Canada
The following excerpt is from Ernst v. Alberta Energy Regulator, [2017] 1 SCR 3, 2017 SCC 1 (CanLII):
Where a person challenging a law’s constitutionality fails to provide an adequate factual basis to decide the challenge, the challenge fails. As Cory J. put it on behalf of the Court in MacKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357, at p. 366, “the absence of a factual base is not just a technicality that could be overlooked, but rather it is a flaw that is fatal to the appellants’ position” (emphasis added).
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