Charter of Rights and Freedoms and the Oakes Test

2021-01-06

Charter of Rights and Freedoms and the Oakes Test

Jan 6, 2021 | Blog, General News, Laws & Legislation

Charter of Rights and Freedoms and the Oakes TestCharter of Rights and Freedoms and the Oakes Test

 
 
Can the government justify laws that limit our Canadian Charter of Rights and Freedoms? The short answer is yes. This is generally known as the reasonable limits clause. However, such limits must be demonstrably justified in a free and democratic society.
The Oakes test places the onus on the government to prove why such limits are necessary. Do the present orders, mandates, and by-laws presently being given to limit our rights pass the test? Have a read and let us know.
If you are an officer and believe they fail this test, we hope you will #RememberYourOath and join in support of our letter.
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If you are an active or retired peace officer or in a related field and would like to pledge your support, please be sure to message us with your information. We will do our best to get in contact with you as soon as possible.

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