Complete Age Charter For Free

Oakes was accused of possession of drugs for the purpose of trafficking. The Supreme Court of Canada concluded that, even if drugs are a scourge, s8 of the Narcotic Control Act runs counter to the presumption of innocence enshrined in s11(d) of the Canadian Charter of Rights and Freedoms.

Section 1 of the Charter is often referred to as the reasonable limits clause because it is the section that can be used to justify a limitation on a person's Charter rights. Charter rights are not absolute and can be infringed if the courts determine that the infringement is reasonably justified.

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

The Charter guarantees broad equality rights as well as fundamental freedoms, democratic rights, mobility rights, legal rights and language rights. It applies to all government action, meaning to the provincial legislatures and Parliament, and to everything done under their authority.

Section 24(2) obliges law enforcement authorities to respect the exigencies of the Charter and precludes improperly obtained evidence from being admitted when it impinges on the fairness of the trial (R. v. Burlingham, 1995 2 S.C.R.

RATIO: Step 1: Does the legislation infringe upon a Charter right? If no, is the legislation constitutional? Step 2: If yes, is the infringement of that right justified as a limitation under Section 1 of the Charter?

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. Section 7 guarantees the life, liberty and personal security of all Canadians.