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Prof. Burningham – October 26 – Michaud, 2015 ONCA


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The judgment of the Court
Preamble – (0:00:12)
D. The Second Question – Is section 68.1 sub 1 of the HTA Unconstitutional Because it Violates the Right to Security of the Person Under S 7 of the Charter? – (0:03:47)
(1) The governing principles: The Bedford framework – (0:04:21)
(2) The application of the governing principles from Bedford – (0:08:08)
(3) Conclusion on the application of section 7 of the Charter to the legislation – (0:11:18)
E. The Third Question – Does section 1 of the Charter Save the Legislation? – (0:13:01)
(1) Contextual considerations relating to safety regulation – (0:14:45)
(a) Safety regulation – (0:15:21)
(b) Risk assessment – (0:17:21)
(2) The constitutional scrutiny of safety regulations – (0:19:33)
(3) The application of the section 1 Charter analysis to the section 7 breach in this appeal – (0:21:19)
(a) Pressing and substantial objectives – (0:21:25)
(b) Rational connection – (0:21:58)
(c) Minimal impairment – (0:23:12)
(i) The government's regulatory approach is not unsound – (0:24:44)
(ii) The 105 km/h speed limit set for the limiter is not arbitrary – (0:26:16)
(d) The proportionality of the legislation's effects – (0:27:50)
(e) Conclusion on the section 1 Charter analysis – (0:30:55)
(4) Reflections on Bedford – (0:31:14)
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