1. The Charter of Rights and Freedoms
Unit 2 Rights and Freedoms

2. Charter Evolution English Common Law- page 129
Canadian Bill of Rights page major criticisms?
The Victoria Charter- page what were the key disagreements between Quebec and the anglophone provinces?
The Charter itself

3. Section 1 Guarantee Fundamental but not absolute or unlimited
“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”
If we are to limit rights then they must meet two basic

4. Section 1 Guarantee
If we are to limit rights then they must meet two basic tests:
the limit must be important
the limit must be reasonable and justified for the benefit of society as a whole
It is the SCC justices who have to balance the benefits of a potential limit against the overall well being of society

6. Section 1 Guarantee
If a limit is found to be allowed- the benefits of the limit must be greater than the harm resulting from the violation of the right
The law/limit must also interfere as little as possible with the right or freedom in question
This “test” did not exist and was inconsistent from 1982 until 1986

7. The Oakes Test
"The lawyer talked me into it. I wasn't quite aware that this was going to be the outcome."

8. Balancing Rights Page 134- R. v. Oakes 1986 1 SCR 103
4- a and b- HEAVILY IMPORTANT

9. The Framework for Charter Reasoning
•Determining whether a limitation on a citizen’s rights is reasonably justified- essentially is the first step in every single case the comes before the SCC
1. Does the charter apply? (federal and provincial law)
2. Has there been an infringement? (which right/freedom)

10. The Framework for Charter Reasoning
3a. Sufficient Importance:
Is the reason for the limitation pressing or substantial? In other words, is the purpose or objective of the limit significant in attaining the collective goals of a free and democratic society

11. The Framework for Charter Reasoning
3b. Proportionality:
Are the means/measures employed by the government to successfully achieve the purpose or objective both reasonable and demonstrably justified under the circumstances

12. The Framework for Charter Reasoning
•4. Rational Connection:
The means/measures must be carefully designed to meet the intended purpose. In other words, can it be proven that there is a rational connection between the purpose and measures/means selected?
•5. Minimal Impairment:
The measures/means adopted to carry out the purpose should minimally affect or impair one’s rights
•6. Detriments v. Benefits:
•The means/measures to restrict the right should not be disproportionate to the purpose/objective

13. Rights and Freedoms
Section 2 Fundamental Freedoms Section 24 Enforcement (and proceedings)
Sections 3- 5 Democratic Rights Section 25 General (Aboriginal Rights)
Section 6 Mobility Rights Section 27 Interpretation
Section Legal Rights Section 29 Rights to separate schools
Section 15 Equality Rights Section 32- Application of the Charter
Section Official Languages Rights Section 33: *The Exception (oh Trudeau…)
Section 23- Minority Language Rights

14. Scenario
R. v. LePage- see handout