What is the threshold problem in this Charter application?

This application suffers from another threshold problem: the lack of facts. Cory J., in McKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357, at para. 9, stressed that that Charter decisions must not be made in a factual vacuum. He said the following: 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. A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void. Charter decisions cannot be based upon the unsupported hypotheses of enthusiastic counsel.