Charter Cases
Test Review
Reasonable Limits:
No right or freedom can be absolute. There must
be limits (covered in Section 1 of the charter).
The person alleging that his or her rights or
freedoms have been infringed must prove that
there has been an infringement. They must state
what section has been violated.
The Crown must then defend the law by showing
that the infringement is both reasonable and
justified. (Demonstrably justified in a free and
democratic society; for example the breathalyser
law)
Charter Tests:
The Supreme Court of Canada
developed “tests” for applying the
Charter.
The court has developed seven broad
tests. Not all of them are applicable
to every case.
Charter Tests:
Rational Connection:
An infringement must have a sufficiently
important objective to warrant overriding
a Charter right.
Proportionality:
The means (measures) chosen and used by
the government must be in proportion to
the objective. The measures cannot be
unfair or irrational; they must restrict the
Charter right as little as possible; and the
impact on the person must be in
proportion to the objective being sought.
Charter Tests:
Bona Fide Legislative Objective:
The need for a law must be self-evident or at least
defensible in its intent. There must be a
pressing need for legislation to deal with a
serious problem that cannot be ignored. (ex.
breathalyser test = saves lives)
Minimal Interference:
If the solution to a problem infringes upon Charter
rights, the infringement must be minimal and
tolerable in a free and democratic society. (ex.
RIDE program: You are only stopped for a short
period of time) Reduced Impaired Driving
Everywhere
Charter Tests:
Bona Fide Legislative Objective
Standards established for employment must be
necessary and not arbitrary. False qualifications
cannot be created just to deny opportunity to a
target group. (ex. Height requirements for being
a police officer were set high to keep women out
of the police force)
Reasonable Accommodation
Employers must make a reasonable effort to
accommodate special needs of employees; in
particular, the religious needs of employees.
Charter Tests:
Stigma Test
A law or employment standard cannot put a
mark of disgrace upon people in such a
way as to degrade their self-worth.
People should not be maligned without
fault. ( malicious intent)
Human Dignity
- A law or employment standard should not
cause people to feel unfairly degraded.
Similar to the stigma test, human dignity
refers to how people feel when
confronted by a law.