Oakes Test

Question 1

What is Option 1 of the Oakes Case?

Answer 1

The court must decide that the alleged infringement of the charter has not taken place and that the issue is therefore constitutional and valid

Question 2

What is Option 2 of the Oakes Case?

Answer 2

The court may decide that the law in question is in fact infringing on a charter right and the law could not be saved by Section 1 ((Reasonable limit) This would
indicate the law failed at least one
component of the Oakes test which is the
legal standard used when applying section 1

Question 3

What is Option 3 of the Oakes Case?

Answer 3

The court may decide that the law in question is in fact infringing on a charter right and the law is saved by section 1 and is therefore still in effect. The law in questions in order to be saved by section 1 indicating that it met legal standard set out in the Oakes test

Question 4

What is Part 1?

Answer 4

Part 1: compelling state objective test: the
law would have to address an issue that is of
significant concern to warrant the over riding
of a charter right.

Question 5

What is Part 2?

Answer 5

Part 2: proportionality test: the law in
question must be constructed in such a way
so as to limit rights as little as possible and to
as few people as possible. The law must be
written in a way that rationally addresses the
concern in part 1 and not overreaching in its
effect