What is the basis of counsel's argument that this young person 'needs' the evidence of an expert?
British Columbia, Canada
The following excerpt is from R. v. B.(J.J.), 2002 BCPC 50 (CanLII):
Counsel also says that this young person 'needs' the evidence of an expert because there must be some evidence at the hearing to challenge the legislation using the Charter. She relies on Cory J.'s remark in Mackay v. Manitoba [1989] 4 S.C.R. 357 at 361-362 (as set out Danson v. Ontario (Attorney General) 1990 CanLII 93 (SCC), [1990] 2 S.C.R.1086): "Charter decisions should not and must not be made in a 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 . . . Charter decisions cannot be based upon the unsupported hypotheses of enthusiastic counsel."
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