What is the test for an inquiry into s. 1 of the Charter of Canada?

Canada (Federal), Canada

The following excerpt is from R. v. Oakes, [1986] 1 SCR 103, 1986 CanLII 46 (SCC):

63. It is important to observe at the outset that s. 1 has two functions: first, it constitutionally guarantees the rights and freedoms set out in the provisions which follow; and, second, it states explicitly the exclusive justificatory criteria (outside of s. 33 of the Constitution Act, 1982) against which limitations on those rights and freedoms must be measured. Accordingly, any s. 1 inquiry must be premised on an understanding that the impugned limit violates constitutional rights and freedoms‑‑rights and freedoms which are part of the supreme law of Canada. As Wilson J. stated in Singh v. Minister of Employment and Immigration, supra, at p. 218: "... it is important to remember that the courts are conducting this inquiry in light of a commitment to uphold the rights and freedoms set out in the other sections of the Charter."

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