Is a restriction of a Charter right justified under section 1 justified?
Canada (Federal), Canada
The following excerpt is from Kamel v. Canada (Attorney General), 2011 FC 1061 (CanLII):
The analysis to determine whether a restriction of a Charter right is justified under section 1 requires that the following two questions be answered in the affirmative: (1) is the restriction designed to achieve a sufficiently important objective? (2) are the means chosen proportional to the objective? (The Queen v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 S.C.R. 103, at pages 138‑139; Trociuk v. British Columbia (Attorney General), 2003 SCC 34, [2003] 1 S.C.R. 835, at paragraph 33.)
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