What does Section 1 of the Charter do with respect to rights and freedoms?

• A. It guarantees rights cannot be limited.
• B. It requires legislative approval for all limits.
• C. It allows rights to be limited by reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society.
• D. It only applies to mobility rights.

Answer: (C)

Rights aren’t absolute. Section 1 sets up a justified-limits regime: rights can be limited by reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society. In practice, the limit must be grounded in law and pass a justification test showing it serves a pressing and substantial objective and is proportionate to that objective. This captures why the option describing reasonable, law-grounded, demonstrably justified limits is correct. It’s not that rights cannot be limited; that would be false. It’s not about requiring legislative approval for every limit, since limits can be justified through the legal and constitutional framework. And it applies to all Charter rights, not just mobility rights.