V oakes defined reasonable limits in its application

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Unformatted text preview: to section 52 of the Constitution Act, 1982. II. REASONABLE LIMITS Even though the right to vote is a right deeply entrenched in section 3 of the Charter, there is a provision in the Charter that allows for “reasonable limits” to be placed on all constitutionally guaranteed rights. Specifically, section 1 of the Canadian Charter of Rights and Freedoms (Part I of the Constitution Act, 1982, c. 11 (U.K.), Schedule B) provides for the following: 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject to only such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. (Emphasis mine) (The Canadian Charter of Rights and Freedoms) III. THE “OAKES” TEST Chief Justice Brian Dickson of the Supreme Court of Canada (as then he was) in his decision R. v. Oakes defined “reasonable limits” in its application to legislation and set out a general framework for Canadian courts to follow when evaluating whether certain parts of legislation found to be inconsistent with the provisions of the Charter can be justified pursuant to section 1 of the Charter. This framework is known as the Oakes Test and features 2 main components: 1. Legislative Objective: the first component of the Oakes Test evaluates the objective of the legislation that is inconsistent with the Charter. In order fo...
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