11c - Charter.pdf - 11c - Charter Monday November 29 2021...

The charter guarantees certain rights for Canadians and sets up restrictions in terms
of how governments can use their power.
Section 1: Guarantee of Rights and Freedom
These rights are guaranteed
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Charter rights can be limited provided that it's reasonable to do so.
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Rights can be violated provided that the gov. can convince the court that the
violation is a reasonable limit on that right.
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What defines a reasonable limit? The Oakes Test
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The Oakes Test
The court asks about the objective the gov. hopes to achieve by violating the
right.
1.
"First, the objective to be served by the measures limiting a charter right must
be sufficiently important to warrant overriding a constitutionally protected right
or freedom. The standard must be high to ensure that trivial objectives are
those discordant with the principles of a free and democratic society do not get
freedom"
The governments objective must be pressing and substantial. It has to be
important enough to justify that it is violating the right.
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A series of questions about the means that are being used to deliver those ends.
There are 3 elements:
2.
Rational connection. Is there a rational connection between the policy objective
you want to achieve and the violation of the right that you are using to achieve
that policy objective. Violating the right has to actually deliver the outcome
that the government suggests that will be delivered.