Under the Canadian Charter, rights are subject to limits that must be what?

• A. No limits
• B. Reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society
• C. Government absolute discretion
• D. Rights apply only to citizens

Answer: (B)

Rights under the Charter can be limited, but only in a way that is reasonable and justified in a free and democratic society. This is the key idea tested here: Section 1 allows limits, as long as they are prescribed by law and can be demonstrably justified. In practice, that means any restriction on a right must have a solid legal basis and must pass a balancing test that considers whether the limit is appropriately tailored to a legitimate objective and minimally impairs the right. The famous test that often guides this is the Oakes test, which looks at whether the objective is pressing and substantial, whether the means chosen are rationally connected and minimally impair the right, and whether the overall impact is proportional to the objective.

So, the correct statement reflects that rights aren’t absolute, but they’re capable of being limited in a way that a lawful framework and careful justification can sustain. The other notions—no limits at all, the government having absolute discretion to limit as it wishes, or rights applying only to citizens—don’t fit how the Charter operates, since it allows limits only when they are lawfully prescribed and demonstrably justified, and most rights protect everyone, not just citizens.