Charter of Rights and Freedoms Flashcards
what is the reasonable limits clause?
a DISCLAIMER (ALLEVIATES RESPONSABILITY or BURDEN), means rights and freedoms are NOT ABSOLUTE (may be limited under certain circumstances)
what does section 1 allow the government to do?
pass laws that may INFRINGE a Charter right, but in a way that WORKS FOR SOCIETY as a WHOLE
what does “prescribed by law” mean?
ITEM LIMITING a right or freedom must be WRITTEN in either LEGISLATION or REGULATION or COMMON LAW (Canadian law must support the limitation)
what does “demonstrably justified” mean?
the state must PROVIDE GOOD CAUSE or REASON for violating a charter right in the FORM OF EVIDENCE or EXAMPLES (not just ‘because i said so’). SAFEGUARD to prevent governments from demanding things
why is the R. v. Oakes case significant?
it is a LANDMARK PRECEDENT SETTING CASE
what is the Oakes Test?
TEST developed by courts to DETERMINE when there is enough LEGISLATION or EVIDENCE to JUSTIFY LIMITING rights or freedoms.
what does the Oakes Test represent?
a BALANCE of PROBABILITIES between the needs of an INDIVIDUAL and those of SOCIETY
when is the Oakes Test used?
when a CHARTER INFRINGEMENT is ARGUED in COURT
who is the burden of proof on in relation to the Oakes Test?
COMPLAINANT/ APPELLANT to show that a right was wrongfully limited. the state must also show that the infringement is justified
what is the Golden Thread Principle?
PRESUMPTION of INNOCENCE: INNOCENT UNTIL PROVEN GUILTY
where does the burden of proof/ onus come from?
the GOLDEN THREAD PRINCIPLE
what does a law have to have to pass the section one test (reasonable limitation)?
SUFFICIENT IMPORTANCE and PROPORTIONALITY
what is sufficient importance?
have an OBJECTIVE IMPORTANT ENOUGH to JUSTIFY overriding a constitutionally protected right or freedom, must be RELEVANT/ SIGNIFICANT ENOUGH
what is proportionality?
use means that REASONABLY CORRESPOND to the goal (acts in proportional response-weigh needs of individual vs. society). ex. you are a minute late: told not to be late again vs. told you will fail
how do you know if something is proportional?
means must be RATIONALLY CONNECTED to the objective, measures should IMPAIR RIGHTS AS LITTLE AS POSSIBLE (minimal impact), and DETRIMENTS v BENEFITS (cons should not outweigh pros)
