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History of Human Rights in Canada
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History of Human Rights in Canada
Enacted in 1982, the Canadian Charter of Rights and Freedoms gives Canadians the
privilege to enjoy guaranteed rights that cannot be infringed except when the government can
show that the infringement is justifiable in a free and democratic society. It is Section 1 of the
Charter that illustrates the limitation to an individual right hence termed as the reasonable limits
clause. There should be reasonable limits to the Charter rights because they are not absolute
hence can be infringed but only when courts determine that such action is reasonably justified.
The same section also protects the same rights from being infringed by the government; hence it
cannot limit any rights without reasonable justification. As such, Section 1 of the Charter limits
and guarantees the rights (Act, 1982).
It is only after an infringement to a Charter that a court goes back to Section 1 and carries
out an analysis to makes sure that it is justifiable. The first step is to check if the limits have been
prescribed by law. As such, any limit must be legal hence part of a law, statute, or regulation of
jurisdiction of the same level of government that saw it through. Additionally, the law must be
clear and not vague; hence can be easily understood by any citizen. A clear law enables the
citizens to know what is allowed and not allowed. This step protects citizens from arbitrary
action by government officials. For instance, a customs officer at any border will confiscate any
good from entering Canada unless it is added to a forbidden list that has been passed by
parliament. Such action will amount to the officer taking law on their hands; hence infringing the
Charter rights (Gibson, 1985, p. 27).
Step two of the consideration process has been referred to as the Oakes tests which justify
the limits. The Oakes test is based on the R v Oakes case of 1986 in which the Supreme Court of
Canada came up with the legal ...