Section 1 allows judges to trample on Charter freedoms
John Carpay: “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it, subject only to such reasonable limits, prescribed by law, as can be demonstrably justified in a free and democratic society.” Thus reads Section 1 of the document added to Canada’s constitution in 1982. In R. v. Oakes (1986) the Supreme Court ruled that when [...]