SUPREME COURT OF CANADA CITATION: Alberta v. Hutterian ...
SUPREME COURT OF CANADA CITATION: Alberta v. Hutterian ...
SUPREME COURT OF CANADA CITATION: Alberta v. Hutterian ...
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into law by statute or regulation is usually of no consequence for the s. 1 analysis.(b) Is the Purpose for Which the Limit Is Imposed Pressing and Substantial?[41] The chambers judge defined the government’s objective in imposing a universal photorequirement as being “to prevent identity theft or fraud and the various forms of mischief whichidentity theft may facilitate, and ... the harmonization of international and interprovincial standardsfor photo identification” (para. 10). This objective is part of the larger goal of ensuring the integrityof the system for licensing drivers. As Slatter J.A. explained:Driver’s licences are an important part of the overall regulation of traffic safety. Theyhave become a near universal form of identification. The integrity and reliability of thedriver’s licence system benefits all <strong>Alberta</strong>ns who require, on a routine basis, proof oftheir identity. The presence of photographs is an important part of the integrity of thesystem. There unfortunately are significantly large groups of people who seek to exploitthe identities of others for financial or other purposes. The overall cost of the activitiesof this group are very large, and the [Province] (and all <strong>Alberta</strong>ns) have an obligationto do whatever they can to minimize the opportunities for identity theft. Photographson driver’s licences will not eliminate all misuse, and the value of the savings that willresult are hard to measure. They are likely however to be significant. [para. 127][42] Maintaining the integrity of the driver’s licensing system in a way that minimizes therisk of identity theft is clearly a goal of pressing and substantial importance, capable of justifyinglimits on rights. The purpose of a universal photo requirement is to have a complete digital databank of facial photos to prevent wrongdoers from using driver’s licences as breeder documents forpurposes of identity theft. As discussed above (para. 10), the requirement permits the system toensure that each licence in the system is connected to a single individual, and that no individual hasmore than one licence.