Section 1 — Reasonable Limits on Charter Rights
How every Charter limit is justified or struck down.
Section 1 of the Canadian Charter of Rights and Freedoms guarantees Charter rights subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Every Charter limitation analysis runs through the proportionality framework articulated in R v Oakes (1986).
The Oakes test asks (1) whether the legislative objective is pressing and substantial, and (2) whether the means are proportionate — meaning rationally connected, minimally impairing, and net-positive in their effects. The party seeking to uphold the limit (typically the government) bears the burden on a balance of probabilities.
Modern jurisprudence applies the Oakes framework with sensitivity to context — the deference owed to legislative judgment varies with the subject matter. Equality, expression and life-liberty cases tend to attract more searching review.
Key principles
- Pressing and substantial objectiveThe objective must respond to a real and important problem.
- Rational connectionThe means must be logically capable of advancing the objective.
- Minimal impairmentThe means must impair the right no more than necessary to achieve the objective.
- Proportionality of effectsSalutary effects must outweigh deleterious effects on rights.