The burden is always on the government (the Crown) to show that the restriction is justified under s.1. Always. No exceptions. Well that's good. That means that you Canucks, just like us Yanks, are just a Supreme Court Majority away from regaining all of our rights to bear arms, freedom of speech, freedom of religion etc. There's hope. I suppose we should follow the instructions in our hate-filled bibles and pray for our leaders, huh?
BTW how do your judges get appointed? Is it an executive decision, a legislative decision or a democratic decision?
Federal judges (Supreme, Federal and Tax Courts) and judges of provincial superior courts and courts of appeal are appointed by the federal cabinet: the PM on advice of the minister of justice, in reality.
Provincial court judges are appointed by the provincial cabinet.
We have never had elected judges.