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Sujit Chaudhry

Sujit Choudhry is a Canadian constitutional lawyer and comparative constitutional law scholar — founding principal of Circle Barristers, former Dean of Berkeley Law, and founding director of the Center for Constitutional Transitions.

Oct 12, 2026

132:56
Thank you very much.
132:57
Sujit Choudhury.
133:00
Good day Chief Justice, Justices.
133:02
Our submissions for BCCLA are also on the scope of the constitutional questions category of correctness review under Vaviloff and the proposal we make to the court which is prompted by York Region and the questions raised about the reach of York Region by the BC Court of Appeal at paragraph 96 of its reasons, is that the scope of correctness review depends on whether it's a charter right or a charter value at issue.
133:33
And the submission is this, that correctness review and the constitutional questions category means that when decisions infringe charter rights, correctness review applies not just for the breach of those rights but also for proportionality analysis.
133:50
But for charter values, for all aspects of the analysis, the standard of review is reasonableness.
134:01
And so this submission turns on a distinction between a charter right and a charter value.
132:56
Thank you very much.
132:58
Sujit Choudhury.
133:00
Good day Chief Justice, Justices.
133:03
Our submissions for BCCLA are also on the scope of the constitutional questions category of correctness review under Vaviloff and the proposal we make to the court which is prompted by York Region and the questions raised about the reach of York Region by the BC Court of Appeal at paragraph 96 of its reasons, is that the scope of correctness review depends on whether it's a charter right or a charter value at issue.
133:34
And the submission is this, that correctness review and the constitutional questions category means that when decisions infringe charter rights, correctness review applies not just for the breach of those rights, but also for proportionality analysis.
133:51
But for charter values, for all aspects of the analysis, the standard of review is reasonableness.
134:01
And so this submission turns on a distinction between a charter right and a charter value.

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