Philosophy 2080 Lecture 21: Oakes (C21)

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

We start this class with a case that is found in the course pack as being a case establishing the section 1 charter analysis. Perhaps this would have been a better place to start than bc motor. Vehicles act, but that case was example of the logical extension of. Drybones, and the same questions of authority or jurisdiction of the. Oakes is a refining of the process of charter analysis. Look at the wording of section 1 of the charter. We are told that all persons have important rights and freedoms, but immediately the same charter advises those rights and freedoms are not absolute. They are subject to such limits, prescribed by law, as can be demonstrably justified, by the government, in a free and democratic society. When challenged, the government will have to justify its limiting of your rights as being reasonable.