PHILOS 1B03 Study Guide - Final Guide: Section 33 Of The Canadian Charter Of Rights And Freedoms, Economic Evaluation, Liberal Democracy
14 Dec 2014
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Oakes test: burden of proof on party seeking to uphold infringement (ex. Federal gov"t: standard of proof: balance of probabilities, objectives: sufficiently important to warrant overriding rights; must be societal concerns that are pressing and substantial in a free and democratic society . Proportionality test: means fair and not arbitrary (rational connection, means must impair rights as little as possible (minimal impairment, proportionality between effects of infringing measure and the objective (proportionate means) The offense principle: prevention of offense experienced by persons other than the speaker, that someone might be offended by expression sufficient reason for limiting expression by law. Inductive arguments are not valid or invalid: they are stronger or weaker, depending on how much support is provided. Strong liberty principle: substantial proof that limiting law very likely to prevent significant harm to others only legitimate reason for limiting expression by law (probably mill"s view)
