Throwback Thursday:Charter of Rights and Freedoms and the Oakes Test
We will be dedicating our social media posts on Thursdays to reminding Canadians of their rights and the current laws and legislations in place in Canada. Make sure to save and share these posts so you can refer to them when exercising your rights in public.
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 us!
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Resolution of Oakes Test document too low to read on iPhone, and link will not open in Safari.
I couldn’t read the document either. Tried to copy and paste into word. No go.