Philosophy 2080 Lecture Notes - Lecture 4: Narcotic Control Act, R V Drybones, Establishment Clause
4 Dec 2017
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We start this class with a case that is found in the course pack as being a case establishing the section 1 charter analysis. 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. In oakes this was articulated as a test where the court will look at the legislation and its effects to see if the infringing law is proportional to the social objective or problem it seeks to remedy.
