Court:
Supreme Court
Catchwords:
Constitutional Law-Test of constitutionality-Burden of proof-Presumption of constitutionality-Whether Oakes Test applicable-Whether court can consider matters not pleaded-Charter of fundamental rights and freedoms-Section 13 (1), (2), (3) (a), (g), (h), (i), (ii), (j), (i), (ii), (iii), (m), (n), (o), (q), (r)-National Identification and Registration Act-Sections 2, 4, 6, 15, 20, 23, 27 (1), 30, 36 (4), 39, 40, 41, 43, 45 and 60 and the Third and Sixth Schedules of that Act-Whether offending provisions severable-Consideration of decision of the Indian Supreme Court in relation to the Aadhaar project-Consideration of Canadian Charter of Rights and Freedoms and the decisions of Canadian courts in that regard.
Document Type:
Year:
2019
Suit/Claim number:
2018HCV01788
Neutral Citation:
[2019] JMFC Full o4