Yes, thank you, Mr. President.
Obviously, when determining whether a prescribed offence respects the rights and freedoms granted by the charter, sooner or later we will have to apply the test set out in the Supreme Court of Canada’s Oakes decision. We must ensure that the prescribed offences restrict individual rights and freedoms as little as possible.
The more specific and restrictive the wording of the offence, the more we must ensure that the constitutional validity test is met.