What is the test for the application of s. 1(b) of the Bill of Rights?
Ontario, Canada
The following excerpt is from R. v. D.C., 2013 ONSC 6759 (CanLII):
The test for the application of s. 1(b) of the Bill of Rights is as follows: There must be a federal objective that provides a reasonable justification for the particular inequality in the sense that the inequality is not clearly arbitrary or capricious, but finds some legitimate basis in the particular legislative policy. The burden is on the person invoking s. 1(b) of the Bill of Rights to show an inequality created by federal legislation is not justified by a valid federal objective. See: R v. Cornell, [1988] S.C.R. 401 at paras. 16 and 21.
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