What is the impact of a constitutional examination under the examination provisions?

It also must be appreciated that under the examination provisions the Minister is assessing only proposed legislation. She does not know the nature of a constitutional challenge that might be brought against a provision with any degree of certainty. As is well-known, the outcome of constitutional litigation often turns on the facts of the case (Mackay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357, 61 D.L.R. (4th) 385) but at the time she assesses proposed legislation, the Minister does not know the facts that may be offered in support of a challenge. She can only imagine possible challenges and speculate. This is a very difficult environment in which to make constitutional assessments with any certainty and to give any estimates of the probability of a finding of unconstitutionality.