IANAL, I'm pretty sure the only question that matters is if Section 1 of the Charter [0] is sufficient to meet the government's goals. If not, Section 33 certa

IANAL, I'm pretty sure the only question that matters is if Section 1 of the Charter [0] is sufficient to meet the government's goals. If not, Section 33 certainly is. Since 1986, the Oakes test has become the way to determine Section 1's applicability. The former legislators thoughts and experiences of 1981/1982 are simply irrelevant in our legal system [1]. [0] https://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and_Freedoms#Exceptions https://en.wikipedia.org/wiki/Canadian_Charter_of_Rights_and... [1] https://en.wikipedia.org/wiki/Living_tree_doctrine https://en.wikipedia.org/wiki/Living_tree_doctrine