CRIM 335 Lecture Notes - Lecture 4: Constitution Act, 1982
25 Sep 2018
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Crim 335 - lecture 4 - canadian charter of rights and freedoms cont"d. Oakes test has largely withstood test of time. Can rightly be proclaimed to be landmark case, having been referred to in over. Scc has repeatedly returned to case, using it as precedent in almost 200 subsequent cases. In years since oakes, charter cases have progressively employed more contextualized approach. When assessing value & significant of right or freedom, courts will look at restrictions imposed in right/freedom in concrete fact situation before court rather than looking at rights & their restriction in the abstract. Courts have also shown increased willingness to defer to judgment of legislatures regarding need for limits on rights & effectiveness of limits imposed by legislatures. Only limits prescribed by law can be reasonable & demonstrably justifiable. Usually limits will arise through operation of statutes, but may also arise through.
