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Lecture 6

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Political Science
Greg Flynn

5 Section 1 aPrescribed by LawLittle Sisters Books v CanadabReasonable Limitsas can be demonstrably justifiable in a Free and Democratic SoceityR v OakescPurpose ObjectiveRJR MacDonald v CanadaVriend v AlbertaR v Big M Drug MartdMeansProportionalityi Rational ConnectionBenner v Canadaii Least Drastic MeasuresR v EdwardsWhen we say the government has to prove that their actions are justifiable in a democratic society they actually lead evidence that proves their actions are justifiable in a free and democratic society Do same with your work find this evidence required in a legal argument This section 1 test can be confusing because it is not just one test there are 5 stages to the test 1Prescribed by Laware the limits on the persons rights prescribed by law They almost always are but sometimes they are not example Sisters case2Once you have determined if the limits prescribed by law then you have to see if they are reasonable limits justifiable in a free and democratic society a Purposeb Proportionate Effectivelyi Rational Connectionii Minimum impairmentiii Proportionate3The actions of the government must be a valid exercise of statutory and authorized power Generally speaking legislation is always prescribed by law where you start to run in difficulties is when people start to exercise the legislation Example Little Sisters brought homosexual erotic literature in BC one of them coming from US it came under customs and was seized by them saying the literature was obscene under the legislation
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