According to the definition of 'grossly disproportionate', what must exist?

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The definition of 'grossly disproportionate' in the context of Canadian constitutional law relates closely to the principle of proportionality, particularly under Section 7 of the Canadian Charter of Rights and Freedoms. This principle assesses whether the means used to achieve a legislative objective are appropriate and justifiable in a free and democratic society.

When something is grossly disproportionate, it indicates that the infringement on an individual's rights is not just a minor or acceptable one, but rather a severe violation that lacks sufficient justification in relation to the law's objective. Therefore, for a law to be deemed grossly disproportionate, there needs to be a clear connection between the severity of the infringement of rights and the law's objective. This ensures that the law's infringement does not outweigh the purpose it aims to serve, which is crucial in the judicial balancing act of rights versus societal interests.

In this context, the answer describing the necessity of a connection to the law's objective alongside a severe infringement under Section 7 highlights that any law imposing restrictions on rights must serve a purpose that is significant enough to justify such restrictions. If the infringement is severe but the law's objective is weak or unclear, it may lead to a finding of gross disproportionality.

The other options

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