legislature in socially complex issue of child pornography, but instead reads in two highly specific exceptions based on hypothetical situations. ½ Court in Complex fact Chauolii laden policy debate is not w/n the competence of the court to decide. Occurs at the application of s.7… not issue of justiciability, just taking into account what courts can reasonably decide not placing a bar on looking at the issue at all. Adopting arguments from dissent of RJR. This is what underlies the argument that the words “inconsistent” should be used instead of “unnecessary”. PHS Evidence very clear, accepted by both sides, no complex evaluation of social policy therefore Court had no problem deciding and did not defer.
legislature in socially complex issue of child pornography, but instead reads in two highly specific exceptions based on hypothetical situations. ½ Court in Chauolii Complex fact laden policy debate is not w/n the competence of the court to decide. Occurs at the application of s.7… not issue of justiciability, just taking into account what courts can reasonably decide not placing a bar on looking at the issue at all. Adopting arguments from dissent of RJR. This is what underlies the argument that the words “inconsistent” should be used instead of “unnecessary”. PHS Evidence very clear, accepted by both sides, no complex evaluation of social policy therefore Court had no problem deciding and did not defer.
Thomson-Law_100-_Final_Charter_Analysis.docx