Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
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Section 1 arises in cases where a ''Charter'' infringement is being argued. In order for the ''Charter'' infringement to be justified, the government has to prove to a court that its actions satisfy the steps in a section 1 analysis. The standard of proof is the civil standard, 'on the balance of probabilities', which is not as difficult to prove as the criminal standard of 'beyond a reasonable doubt'. | Section 1 arises in cases where a ''Charter'' infringement is being argued. In order for the ''Charter'' infringement to be justified, the government has to prove to a court that its actions satisfy the steps in a section 1 analysis. The standard of proof is the civil standard, 'on the balance of probabilities', which is not as difficult to prove as the criminal standard of 'beyond a reasonable doubt'. | ||
The ''Oakes'' Test is a legal test created by the Supreme Court of Canada in the case | The ''Oakes'' Test is a legal test created by the Supreme Court of Canada in the case ''[https://www.canlii.org/en/ca/scc/doc/1986/1986canlii46/1986canlii46.html?searchUrlHash=AAAAAQAJciB2IG9ha2VzAAAAAAE&resultIndex=1 R v Oakes]'', [1986] 1 SCR 103. ''R v Oakes'' provided the Court with the opportunity to interpret the wording of section 1 of the ''Charter'' and to explain how section 1 would apply to a case. The result was the ''Oakes'' Test – a test that is used every time a ''Charter'' violation is found. | ||
The ''Oakes'' Test sets out several criteria to determine if a violation can be justified under section 1: | The ''Oakes'' Test sets out several criteria to determine if a violation can be justified under section 1: | ||