Polygamy is illegal under Canada's Criminal Code.

A woman who follows a religion that endorses polygamy applies to the clerk of her municipality for a marriage license to wed a man who already has a wife, both of whom follow the same religion as the woman. When the clerk refuses to issue the marriage license on the grounds that doing so would constitute aiding the commission of a crime, the woman makes anapplication for judicial review of the clerk's decision. The woman asks the court to declare the prohibition against polygamy in the Code inapplicable to her and to order the clerk to issue a marriage license. She argues that the prohibition offendsthe Charter because it violates her freedoms of religion, expression, and association undersection 2 of the Charter. The government concedes that the prohibition against polygamy in the Code and the clerk's refusal to issue a marriage license violate section 2 of the Charter. However, it claims that theinfringement is justified in a free and democratic society under section 1 of the Charter.

a. What tests will the court apply in determining whether the violation of section 2 of the Charter is" saved" by section 1? Apply these tests to the fact situation.