Is the burden on the government to show that the restrictions on freedoms are demonstrably justified, or is the burden on the people and the citizens and those who exercise these freedoms to show that the restictions are not justfied?
If the latter, then you essentially have no freedoms at all. If the former, then your government is clearly in violation of its own constitution with the enactment of such hate crime laws.
The burden is always on the government (the Crown) to show that the restriction is justified under s.1. Always. No exceptions.