Turning to the facts of the case, the Supreme Court faulted the governments of Prince Edward Island and Alberta for neither consulting salary commissions nor having such bodies to begin with. For this reason, the actions of these governments breached section 11(d) of the Charter of Rights. Manitoba did have a salary commission, but its actions were unconstitutional because the provincial government did not use it. Since these considerations were made using section 11(d), the Court considered whether violations of these rights could be justified under section 1 of the Charter of Rights, as is normal procedure. Section 1 typically requires a valid government reason for violating rights, and in this case Prince Edward Island and Alberta's actions failed the section 1 test because they did not explain why they did not have salary commissions. Likewise, Manitoba did not explain why they did not use their salary commission. An academic commentator has suggested the section 1 analysis was actually unneeded since the right to a commission is based in the preamble, which is not subject to section 1; the analysis was thus "a first year law school mistake".