The Oakes Test THE MOST IMPORTANT CASE YOU WILL LEARN THIS YEAR!

The Oakes Test 1. Does the law/issue enforce an important government objective? 2. Does the law set clear and precise standards? 3. Are the person/accused's rights minimized as little as possible?

Section 1 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. What does this mean? What does this mean?

Section 1 Your rights in the Charter are guaranteed to you under the reasonable limits that are set out in Canadian law Your rights in the Charter are guaranteed to you under the reasonable limits that are set out in Canadian law The test to determine if the purpose is demonstrably justifiable is set out in the “Oakes Test” The test to determine if the purpose is demonstrably justifiable is set out in the “Oakes Test” The test is applied once the claimant has proven that one of the provisions of the Charter has been violated The test is applied once the claimant has proven that one of the provisions of the Charter has been violated The onus is on the Crown to pass the Oakes Test The onus is on the Crown to pass the Oakes Test

The Oakes Test There must be a pressing and substantial objective There must be a pressing and substantial objective This step asks whether the Government’s objective in limiting the Charter protected right is a pressing and substantial objective according to the values of a free and democratic society This step asks whether the Government’s objective in limiting the Charter protected right is a pressing and substantial objective according to the values of a free and democratic society

The Oakes Test The means must be proportional The means must be proportional The means must be rationally connected to the objective The means must be rationally connected to the objective This step asks whether the legislation’s limitation of the Charter right has a rational connection to Parliament’s objective. The means used must be carefully designed to achieve the objective. They must not be arbitrary, unfair, or based on irrational considerations. This step asks whether the legislation’s limitation of the Charter right has a rational connection to Parliament’s objective. The means used must be carefully designed to achieve the objective. They must not be arbitrary, unfair, or based on irrational considerations.

The Oakes Test The means must be proportional The means must be proportional There must be minimal impairment of rights There must be minimal impairment of rights Does the legislative means to achieve the objective impair the Charter protected right in question as minimally as possible? Are there alternative modes of furthering Parliament’s objective that infringe the right to a lesser extent? Does the legislative means to achieve the objective impair the Charter protected right in question as minimally as possible? Are there alternative modes of furthering Parliament’s objective that infringe the right to a lesser extent?

The Oakes Test The means must be proportional The means must be proportional 1. There must be proportionality between the infringement and objective This step asks whether the objective is proportional to the effect of the law. Are the measures that are responsible for limiting the Charter right proportional to the objective? Does the benefit to be derived from the legislation outweigh the seriousness of the infringement? This step asks whether the objective is proportional to the effect of the law. Are the measures that are responsible for limiting the Charter right proportional to the objective? Does the benefit to be derived from the legislation outweigh the seriousness of the infringement?