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Oakes testThere must be a pressing and substantial objective.The means must be proportional. The means must be rationally connected to the objective. There must be minimal impairment of rights. There must be proportionality between the infringement and objective.

The Oakes test is a legal test created by the Supreme Court of Canada in the case R v Oakes (1986).Charter rights are not absolute and can be infringed if the Courts determine that the infringement is reasonably justified.

Oakes testThere must be a pressing and substantial objective.The means must be proportional. The means must be rationally connected to the objective. There must be minimal impairment of rights. There must be proportionality between the infringement and objective.

The Oakes Test: First, the objective to be served by the measures limiting a Charter right must be sufficiently important to warrant overriding a constitutionally protected right or freedom. Second, the party invoking s. 1 must show the means to be reasonable and demonstrably justified.

Compensation: Charter damages are to compensate the plaintiff for her personal losses and suffering as a result of the breach; Vindication: The damages are to vindicate the right by emphasizing its importance to society; and. Deterrence: Charter damages may be awarded to deter state agents from future breaches.

The test provides a mechanism for the courts to balance, on the one hand, the government's ability to achieve its goals and, on the other, the protection of individual rights. This balancing test is now considered a cornerstone of Canadian constitutional law.

R v Oakes 1986 1 SCR 103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause (section 1) of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if the limitation is