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I am not a lawyer, but I'll try to break this down. As the QB twitter notes, this is not a final ruling on constitutionality, but a decision on an application for injunctive relief (a pause on enforcement) on GSA reqs in the School Act. #abed #abpoli
Hon. Justice Kubik applies a standard 3 part test for injunctive relief: 1) serious constitutional issue to be tried, 2) compliance w/provisions would result in irreparable harm, 3) if the injunction is granted, does the benefit to the applicant outweigh the potential harm? Screenshot of test for injunctive relief from the decision PDF.
For part 1 on section 16.1 of the School Act, Kubik finds that there is a serious constitutional issue. Again this isn't a decision on that issue, just a confirmation that the conflict between parents' and childrens' Charter rights is important enough to consider in court. Screenshot of the decision - Kubik is
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