What follows the initial establishment of interference to proceed with an infringement claim?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In the context of an infringement claim, after establishing that there has been a perceived interference, the next critical step is to assess whether the law that is being challenged serves a valid objective and whether that interference can be justified. This involves examining the legal standards that govern the balance between individual rights and the interests of the community.

Assessing the law's valid objective and justification means looking at whether the law in question aims to achieve a legitimate purpose and whether the means employed to achieve this purpose are proportionate and justifiable in the context of the interference. This is a fundamental part of legal analysis, particularly in cases involving constitutional rights or significant public policies. It ensures that any limitations on rights are not arbitrary but rather are grounded in legitimate societal interest.

The other possible options do not directly relate to the procedural steps that follow the initial establishment of interference. Reviewing a tribunal's opinion might provide insight into a matter but is not a typical step in this context. Proof of cultural significance could be relevant in specific claims, particularly those involving Indigenous rights, but it is not a blanket requirement applicable in all infringement claims. Similarly, a local community charter submission could play a role in certain jurisdictions or contexts but does not universally follow the establishment of interference in general legal practice. Hence

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