cover image: 500-09-030301-220 - COURT OF APPEAL OF QUEBEC

20.500.12592/s7h49pr

500-09-030301-220 - COURT OF APPEAL OF QUEBEC

1 Mar 2024

7 Charter rights and the principles of fundamental justice, “it is important to ensure that the analysis takes into account the principles and purposes of the equality guarantee in promoting the equal benefit of the law and ensuring that the law responds to the needs of those disadvantaged individuals and groups whose protection is at the heart of s. [...] However, the fundamental principle of justice against arbitrariness requires “a direct connection between the purpose of the law and the impugned effect on the individual, in the sense that the effect on the individual bears some relation to the law’s purpose”55. [...] 7 analysis in Bedford, it could be said that what it rejected is the efficacy (or usefulness) of the purpose of the law towards a greater good, and not the efficacy of the measure disputed towards the purpose of the law: [127] By contrast, under s. [...] The inquiry into the purpose of the law focuses on the nature of the object, not on its efficacy. [...] The rejection of efficacy happens at the stage of the “inquiry into the purpose of the law”.

Authors

Stéphanie Legros

Pages
25
Published in
Canada