Charter Cases Test Review

Reasonable Limits: No right or freedom can be absolute. There must be limits (covered in Section 1 of the charter). The person alleging that his or her rights or freedoms have been infringed must prove that there has been an infringement. They must state what section has been violated. The Crown must then defend the law by showing that the infringement is both reasonable and justified. (Demonstrably justified in a free and democratic society; for example the breathalyser law)

Charter Tests: The Supreme Court of Canada developed “tests” for applying the Charter. The court has developed seven broad tests. Not all of them are applicable to every case.

Charter Tests: Rational Connection: An infringement must have a sufficiently important objective to warrant overriding a Charter right. Proportionality: The means (measures) chosen and used by the government must be in proportion to the objective. The measures cannot be unfair or irrational; they must restrict the Charter right as little as possible; and the impact on the person must be in proportion to the objective being sought.

Charter Tests: Bona Fide Legislative Objective: The need for a law must be self-evident or at least defensible in its intent. There must be a pressing need for legislation to deal with a serious problem that cannot be ignored. (ex. breathalyser test = saves lives) Minimal Interference: If the solution to a problem infringes upon Charter rights, the infringement must be minimal and tolerable in a free and democratic society. (ex. RIDE program: You are only stopped for a short period of time) Reduced Impaired Driving Everywhere

Charter Tests: Bona Fide Legislative Objective Standards established for employment must be necessary and not arbitrary. False qualifications cannot be created just to deny opportunity to a target group. (ex. Height requirements for being a police officer were set high to keep women out of the police force) Reasonable Accommodation Employers must make a reasonable effort to accommodate special needs of employees; in particular, the religious needs of employees.

Charter Tests: Stigma Test A law or employment standard cannot put a mark of disgrace upon people in such a way as to degrade their self-worth. People should not be maligned without fault. ( malicious intent) Human Dignity - A law or employment standard should not cause people to feel unfairly degraded. Similar to the stigma test, human dignity refers to how people feel when confronted by a law.