SECTION 1
Section 1 of the Charter contains a reasonable limits clause, which guarantees your rights and freedoms subject to only "reasonable limits." This means that your rights and freedoms are limited in certain situations.
Canadians live in a society where rights and freedoms are guaranteed under the Charter of Rights and Freedoms. Your rights can be described as what you are entitled to except from the government. For example, you have legal rights that must be respected if you are arrested or charged with an offence.
Your rights and freedoms are protected in the constitution, and they can only be changed by an amendment to it, which is very difficult to do.
Your rights and freedoms are not absolute; they can be limited if it can be justified in our free and democratic society. Further, in some situations, the federal, provincial, or territorial governments can use the notwithstanding clause (Section.33) to pass laws that override certain rights and freedoms in the charter.
Reasonable Limits Clause: The provision (clause) in the Charter stating that the Charter rights and freedoms are not absolute, so they can be limited if there is justification.
Burden of Proof: The onus of bringing forth proof (evidence) to prove someones legal argument to the court.
Case Study: R. V. Oakes, 1986
Section 1 of the Charter contains a reasonable limits clause, which guarantees your rights and freedoms subject to only "reasonable limits." This means that your rights and freedoms are limited in certain situations.
Canadians live in a society where rights and freedoms are guaranteed under the Charter of Rights and Freedoms. Your rights can be described as what you are entitled to except from the government. For example, you have legal rights that must be respected if you are arrested or charged with an offence.
Your rights and freedoms are protected in the constitution, and they can only be changed by an amendment to it, which is very difficult to do.
Your rights and freedoms are not absolute; they can be limited if it can be justified in our free and democratic society. Further, in some situations, the federal, provincial, or territorial governments can use the notwithstanding clause (Section.33) to pass laws that override certain rights and freedoms in the charter.
Reasonable Limits Clause: The provision (clause) in the Charter stating that the Charter rights and freedoms are not absolute, so they can be limited if there is justification.
Burden of Proof: The onus of bringing forth proof (evidence) to prove someones legal argument to the court.
Case Study: R. V. Oakes, 1986
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This is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause (section 1) of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if it can be demonstrably justified in a free and democratic society.This case teaches you about the test involving the burden of proof used by the courts to limit rights and freedoms under the Charter.