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Where can we find the Canadian Charter of Rights and Freedoms?

The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et liberts), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982.

What is the significance of the Oakes case?

The section provides, in brief, that if the Court finds the accused in possession of a narcotic, he is presumed to be in possession for the purpose of trafficking. Unless the accused can establish the contrary, he must be convicted of trafficking.

How many parts are in the Oakes test?

The Court in R v Oakes created a two-step balancing test to determine whether a government can justify a law which limits a Charter right.

What is meant by Oakes test?

The Oakes test. A limit on a Charter right must be reasonable and demonstrably justified. The applicable test was originally set out in Oakes and is now well-established (see, e.g., Egan v. Canada, [1995] 2 S.C.R. 513, at paragraph 182; Vriend v.

What is the reasonable limit test?

Section 1 of the Charter is often referred to as the reasonable limits clause because it is the section that can be used to justify a limitation on a persons Charter rights. Charter rights are not absolute and can be infringed if the Courts determine that the infringement is reasonably justified.

What did the Charter do for Canada?

The Charter protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country. It applies to all governments federal, provincial and territorial and includes protection of the following: fundamental freedoms, democratic rights.

What are the 4 steps of the Oakes test?

Oakes test There must be a pressing and substantial objective. The means must be proportional. The means must be rationally connected to the objective. There must be minimal impairment of rights. There must be proportionality between the infringement and objective.

What happens when someone violates a Charter right in Canada?

If you think a provincial or federal law or action violates your Charter rights, you can ask a court to strike down the law or grant another remedy. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected.

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