PHILOS 3Q03 Lecture 32: Lecture 32 – Canada v Oaks
6 Aug 2019
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Canada v. oaks: first, it guarantees the rights and freedoms set out in the provisions which follow it; second, it states explicitly the exclusive justificatory criteria against which limitations on those rights and freedoms may be measured . The onus of proving that a limitation on any charter right is reasonable and demonstrably justified in a free and democratic society rests upon the party seeking to uphold the limitation. Limits on constitutionally guaranteed rights are clearly exceptions to the general guarantee. The presumption is that charter rights are guaranteed unless the party invoking s. 1 can bring itself within the exceptional criteria justifying their being limited. Criteria that needs to be satisfied to establish a reasonable and demonstrable justification: Canada v oaks: part 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.
