CRIM 1116 Lecture Notes - Fundamental Justice, Equal Protection Clause
Document Summary
Section 1 of the charter is referred to as the limitations clause which means that not all rights guaranteed within the charter are absolute but, rather subject to reasonable limits prescribed by law. 2 parts to establish if a provincial or federal law can override can override a constitutional guarantee of protection within the charter. 1) fed or prov statutes limits on rights must be reasonable and prescribed by law. 2) limits must be established to the presiding judge to be justified in a free and democratic society. Oakes case was when the first rule of canadian constitutional interpretation was first established. 2nd the cost of taking a claim of this kind to a prov court of appeal or the ssc is prohibitive for most individuals. Freedom of thought belief opinion and expression including freedom of the press and other media of communication.
