What is essential to undertake before a judicial review?

Before proceeding with a judicial review, engaging in a charter analysis is essential because it involves assessing whether the actions or decisions being reviewed potentially violate the rights and freedoms guaranteed under the Canadian Charter of Rights and Freedoms. This step is critical as it provides the legal foundation for the judicial review process, determining whether the matter being challenged falls within the scope of the Charter’s protections and whether any justifiable limitations to those rights exist.

A thorough charter analysis enables the reviewing court to understand the constitutional implications of the case and ensures that any claim made during the judicial review is grounded in the Charter’s provisions. This analysis often includes identifying relevant sections of the Charter, assessing infringements, and considering reasonable limits as prescribed by Section 1 of the Charter, which are crucial for establishing the legitimacy of any claim within the judicial review context.

While formulating new legislation, consulting with community leaders, or determining public opinion may be important in other contexts, they do not directly address the legal framework necessary for initiating judicial review. The core focus of judicial review is the legality and constitutionality of governmental actions as examined under the Charter, making a charter analysis indispensable in the process.