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Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
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Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX) (view source)
Revision as of 02:39, 23 August 2023
, 02:39, 23 August 2023no edit summary
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Section 1 primarily arises in cases where a litigant is seeking to have a law declared of no force or effect. 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 a balance of probabilities. | Section 1 primarily arises in cases where a litigant is seeking to have a law declared of no force or effect. 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 a balance of probabilities. | ||
The Oakes Test ( | The Oakes Test ([https://www.canlii.org/en/ca/scc/doc/1986/1986canlii46/1986canlii46.html?searchUrlHash=AAAAAQAJciB2IG9ha2VzAAAAAAE&resultIndex=1 ''R v Oakes'', 1986 1 SCR 103]) is the legal test to be applied to Section 1 ''Charter'' analysis. The Oakes Test sets out the following criteria that must all be satisfied to justify a ''Charter'' violation: | ||
# there must be a sufficiently important objective to warrant the overriding of the ''Charter'' right; | # there must be a sufficiently important objective to warrant the overriding of the ''Charter'' right; | ||
# there must be a rational connection between the objective (i.e., the policy) and the means chosen (i.e., the law) | # there must be a rational connection between the objective (i.e., the policy) and the means chosen (i.e., the law) | ||
