CLU3M Unit 2 Quiz. Part B: Charter Case Analysis. Part B: Charter Case Analysis. Part B. Scenarios- Communication/Application
Part B: Charter Case Analysis
1. Was the right infringed or violated by the government?
2. Is the right in question covered by the Charter?
3. Is the violation or infringement within a reasonable limit- this step uses the Oakes Test:
3a. The reason for limiting the Charter right must be shown to be important enough to justify overriding a constitutionally protected right
3b. There must be a rational connection between the limitation of rights and the objective of the law
3c. The right must be limited as little as possible
3d. The more severe the rights limitation, the more important the objective must be