a proportionate response to the identified societal problem of identity theft. The driver’s licence thatit denies is not a privilege as it is not granted at the discretion of governments. Such a licence isoften of critical importance in daily life and is certainly so in rural <strong>Alberta</strong>. Other approaches toidentity fraud might be devised that would fall within a reasonable range of options and that couldestablish a proper balance between the social and constitutional interests at stake. This balancecannot be obtained by belittling the impact of the measures on the beliefs and religious practices ofthe Hutterites and by asking them to rely on transportation services to operate their farms and topreserve their way of life. Absolute safety is probably impossible in a democratic society. A limitedrestriction on the Province’s objective of minimizing identity theft would not unduly compromisethis aspect of the security of <strong>Alberta</strong> residents and might lie within the range of reasonable andconstitutional alternatives. [200-201]Per Fish J. (dissenting): For the reasons given by LeBel J., the disposition of the appealas suggested by Abella and LeBel JJ. is agreed with. [203]Cases CitedBy McLachlin C.J.Applied: R. v. Oakes, [1986] 1 S.C.R. 103; referred to: Multani v. Commissionscolaire Marguerite-Bourgeoys, 2006 SCC 6, [2006] 1 S.C.R. 256; Syndicat Northcrest v. Amselem,2004 SCC 47, [2004] 2 S.C.R. 551; R. v. Edwards Books and Art Ltd., [1986] 2 S.C.R. 713; Canada(Attorney General) v. JTI-Macdonald Corp., 2007 SCC 30, [2007] 2 S.C.R. 610; Irwin Toy Ltd. v.
Quebec (Attorney General), [1989] 1 S.C.R. 927; R. v. Therens, [1985] 1 S.C.R. 613; Little SistersBook and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69, [2000] 2 S.C.R. 1120; RJR-MacDonald Inc. v. Canada (Attorney General), [1995] 3 S.C.R. 199; Charkaoui v. Canada(Citizenship and Immigration), 2007 SCC 9, [2007] 1 S.C.R. 350; R. v. Ferguson, 2008 SCC 6,[2008] 1 S.C.R. 96; Thomson Newspapers Co. v. Canada (Attorney General), [1998] 1 S.C.R. 877;Trinity Western University v. British Columbia College of Teachers, 2001 SCC 31, [2001] 1 S.C.R.772; Health Services and Support – Facilities Subsector Bargaining Assn. v. British Columbia, 2007SCC 27, [2007] 2 S.C.R. 391; Eur. Court H.R., Kokkinakis v. Greece, judgment of 25 May 1993,Series A no. 260-A; R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295; Planned Parenthood ofSoutheastern Pennsylvania v. Casey, 505 U.S. 833 (1992); Zylberberg v. Sudbury Board ofEducation (Director) (1988), 65 O.R. (2d) 641; Canadian Civil Liberties Assn. v. Ontario (Ministerof Education) (1990), 71 O.R. (2d) 341; R. v. Kapp, 2008 SCC 41, [2008] 2 S.C.R. 483; Andrewsv. Law Society of British Columbia, [1989] 1 S.C.R. 143.By Abella J. (dissenting)R. v. Oakes, [1986] 1 S.C.R. 103; R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295; R.v. Edwards Books and Art Ltd., [1986] 2 S.C.R. 713; Eur. Court H.R., Kokkinakis v. Greece,judgment of 25 May 1993, Series A no. 260-A; Ôahin v. Turkey [GC], No. 44774/98, ECHR2005-XI; Metropolitan Church of Bessarabia and Others v. Moldova, no. 45701/99, ECHR2001-XII; RJR-MacDonald Inc. v. Canada (Attorney General), [1995] 3 S.C.R. 199; ThomsonNewspapers Co. v. Canada (Attorney General), [1998] 1 S.C.R. 877; Dagenais v. CanadianBroadcasting Corp., [1994] 3 S.C.R. 835; Bothwell v. Ontario (Minister of Transportation) (2005),
- Page 1 and 2: SUPREME COURT OF CANADACITATION: Al
- Page 3 and 4: Present: McLachlin C.J. and Binnie,
- Page 5 and 6: Per McLachlin C.J. and Binnie, Desc
- Page 7 and 8: self-sufficiency, but there is no e
- Page 9: Under s. 1, courts have only rarely
- Page 14 and 15: Taylor, Charles. Philosophical Argu
- Page 16 and 17: [1] The Province of Alberta require
- Page 18 and 19: taken for “facial recognition sof
- Page 20 and 21: The second is simply that a digital
- Page 22 and 23: the extent that it renders a digita
- Page 24 and 25: driver’s licences marked “not t
- Page 26 and 27: Second Commandment: “You shall no
- Page 28 and 29: [34] The record does not disclose a
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- Page 38 and 39: associated with driver’s licences
- Page 40 and 41: falls within a range of reasonable
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- Page 44 and 45: impairing of the right and proporti
- Page 46 and 47: need to realize it, the test of pro
- Page 48 and 49: licence holders are represented by
- Page 50 and 51: their s. 2(a) right. At this point,
- Page 52 and 53: formed under compulsion of the Stat
- Page 54 and 55: [97] The Hutterian claimants argue
- Page 56 and 57: [103] Balancing the salutary and de
- Page 58 and 59: each of s. 15(1).VI. Conclusion[109
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R. v. Big M Drug Mart Ltd., [1985]
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property and live together in relig
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eliefs.In short, the Attorney Gener
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(See also Jeremy Webber “The Irre
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[133] Section 1 of the Charter stat
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ationally connected to the legislat
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[148] In RJR-MacDonald, McLachlin J
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measure need to be assessed in ligh
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[159] It is worth noting too that i
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of the Hutterian community:The Hutt
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“privilege”. This approach, wit
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The following are the reasons deliv
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of the case.B. Section 1: The Oakes
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question (the “minimal impairment
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It is at these stages that the mean
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absolute and should not be treated
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[200] As to the outcome of this cas
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General, Toronto.Solicitor for the