What is the effect of section 15(1) of the Charter on access to the courts for those with limited financial means?

I find that insufficient evidence was presented to enable this court to fully consider the third stage of analysis in s. 15(1). Having made the determination that those of limited financial means are not an analogous group for purposes of s. 15 of the Charter, technically I need not concern myself with this third stage. I wish to make the following observations, however. Decisions on an issue as fundamental to Canadian society as its treatment of those in financial need and access to the courts must be carefully considered as they will profoundly affect the lives of Canadians and all residents of Canada. In light of the importance and impact that these decisions may have, the courts ought not to be asked to rule on such matters on the basis of bald assertions. Such rulings should only be made after the careful presentation and preparation of the appropriate factual basis. The relevant facts should cover a wide spectrum of scientific, social, economic and political aspects. Expert opinion may be useful as to the impact of the impugned legislation and the result of possible court decisions. To attempt to rule on this in a factual vacuum or on the basis of taking judicial notice of “the cycle of poverty” alone, trivializes the Charter and could result in an ill‑considered decision: A factual foundation is of fundamental importance on this appeal. It is not the purpose of the legislation that is said to infringe the Charter but its effects. If the deleterious effects are not established there can be no Charter violation and no case has been made out. Thus, the absence of a factual basis is not just a technicality that can be overlooked, but rather it is a flaw that is fatal to the appellant’s decision. (MacKay v. Manitoba, supra, at p. 9 C.R.R., p. 366 S.C.R.) Issue #3: Section 1 of the Charter