Throwback Thursday: Does it Pass 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.
Does it pass the Oakes test?
In section 1 of the Charter rests the limitation clause. This legally allows the government to limit a person’s charter rights, however it must be proven that this limitation is justified. This is done using the Oakes Test, which determines if the purpose of the restriction is demonstrably justifiable in a free and democratic society.
We implore all active duty officers who are enforcing current Public Health orders to do extensive research on the current “State of Emergency” and ask themselves, does the legislation I’m enforcing pass the Oakes test?
If you come to the conclusion that it does not, reach out and join our cause.
Hi, I will be returning back to Canada in early August. I am not vaccinated, and will not have plans to be vaccinated. I and my family are also ready to defy mandatory hotel quarantine. Any sound advice? I KNOW this Public Health Measure is in total violation of human rights. I traveled to assist my ill mother and WILL NOT comply with this nonsence. Thank you for your advice!