In a two-stage process of judicial review, what is the first question that must be considered?

The first question in the two-stage process of judicial review typically focuses on whether the law deviates from a Charter right. This is essential because the initial inquiry is to assess the scope of the law in relation to the Canadian Charter of Rights and Freedoms. If a law is found to infringe upon a protected right, only then does it become necessary to consider the second part of the inquiry, which examines whether such an infringement can be justified under Section 1 of the Charter.

By beginning with the question of deviation from Charter rights, the court can efficiently identify if a law potentially violates an individual's rights. If it does not, the inquiry may conclude there. If it does, the review proceeds to consider whether that deviation can be justified as a reasonable limit in a free and democratic society, thereby allowing for a more nuanced and thorough examination of the interplay between individual rights and legislative goals.

In this way, identifying whether a law deviates from a Charter right establishes the groundwork for understanding the broader implications of that law within the context of constitutional protections, thus making it the logical starting point in the judicial review process.