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Unformatted text preview: r such legislation to be justified as a “reasonable limit” on Canadian constitutionally guaranteed rights, the objective of the legislation must be pressing and of sufficient importance to warrant overriding a Charter right. 2. The second component of the Oakes Test is a three- pronged test as follows: a. Rational Connection: there must be a rational connection between the Charter- infringing legislation and the legislative objective in order for that legislation to be justified as a “reasonable limit” b. Minimal Impairment: the Charter- infringing legislation should be carefully crafted to ensure that the degree to which the legislation violates the Charter is “as little as possible” c. Proportionality: the third step of the three- pronged test calls for an evaluation of the degree to which the charter- infringing legislation violates the Charter against the importance of the legislative objective. The degree of the violation must be proportional to the legislative objective – the more important or pressing the legislative objective, the higher the degree to which a Charter right can be violated It is only when all of the above criteria have been satisfied that legislation inconsistent with provisions of the Charter can be justified as a “reasonable limit” pursuant to sect...
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This note was uploaded on 05/01/2013 for the course POLS 1000 taught by Professor Breaugh during the Fall '12 term at York University.

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