COURT OF APPEAL THE REDEEMED CHRISTIAN CHURCH OF GOD

Because the breach in issue was the result of the exercise of contractual discretion, rather than the result of a statute or an exercise of a statutory discretion, neither the traditional Oakes test nor the Doré/Loyola test provides an adequate or appropriate framework for analysis. [...] The absence of a discovery process, the abbreviated timelines, and the absence of viva voce evidence all inhibit this ability, and therefore the ability of the court to decide the constitutional issues on the basis of an appropriate factual record. [...] 24(1) of the Charter, creates a general, substantive right to relief for the infringement or denial of guaranteed rights under the Charter but it does not mandate the particular mode of proceeding by which the claim for relief must be enforced in the procedural sense. [...] If it were otherwise, havoc would result in the plethora of litigation arising under the Charter in the sense that the Court would be called upon to adjudicate on claims in the abstract without any regard to rules of procedure for the pursuit or enforcement of those claims. [...] 1 of the Charter, if it is not sufficiently connected to the objectives that underlie the grant of discretion by the parties to the contract.