What is the test for proportionate effect in the context of Charter legislation?
Ontario, Canada
The following excerpt is from Xentel DM Inc. v. Windsor (City), 2004 CanLII 22084 (ON SC):
The requirement of proportionate effect is the final step in the three-part proportionality test, which requires, according to Dickson C.J. in Oakes, supra, “a proportionality between the effects of the measures which are responsible for limiting the Charter right or freedom, and the objective which has been identified as of ‘sufficient importance’”. Lamer, C.J. rephrased this test in Dagenais v. CBC, 1994 CanLII 39 (SCC), [1994] 3 S.C.R. 835 at p. 889 stating: …[T]here must be a proportionality between the deleterious effects of the measures which are responsible for limiting the rights or freedoms in question and the objective, and there must be a proportionality between the deleterious and the salutary effects of the measures.
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