Okay. Professor Downie then goes on to cite the E.F. decision of the Court of Appeal of Alberta, but isn't it the case that the E.F. decision was before Bill C-14?
That decision did not involve any interpretation of charter rights, nor the consideration of the constitutionality of any legislative provision. The court grounded its decision in stating that it was a “limited inquiry [that] is individual- and fact-specific”.
