POLS 1200 Final: The Oakes Test
7 Dec 2017
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The oakes test: for the state to be able to justify violating someone"s rights and freedoms, the state must demonstrate that, 1. The objective of the law or measure in question is of sufficient importance to warrant overriding a constitutionally protected right or freedom : 2. A town in ontario recently passed a bylaw prohibiting street musicians from playing music within 50 meters of all local businesses. The street musicians challenged the bylaw in court arguing that it was unconstitutional. You agree that the freedom of expression rights of the musicians have been infringed under section 2(b) of the canadian charter of rights and. Write your judgement as to whether the bylaw can be upheld as a reasonable limit under section 1 of the charter.
