What is the Oakes test used for in Charter jurisprudence?

• A. To determine whether a limitation on a Charter right can be demonstrably justified under Section 1.
• B. To enumerate fundamental freedoms.
• C. To assess the constitutionality of international treaties.
• D. To review Notwithstanding Clause usage.

Answer: (B)

The Oakes test is applied to decide whether a limit on a Charter right can be demonstrably justified under Section 1. It starts by requiring the government to show a pressing and substantial objective for the measure restricting the right. Even then, the restriction must be connected to that objective in a rational way and must impair the right as little as possible. Finally, the overall effects of the measure must be proportionate to the objective, meaning the benefits outweigh the rights infringement. This three-part proportionality framework ensures that rights aren’t curtailed unless there is a solid, demonstrable justification in a free and democratic society.

Enumerating fundamental freedoms is a function of the Charter itself, not the justification test. Assessing the constitutionality of international treaties falls outside the Section 1 framework and treaty analysis. Notwithstanding Clause usage is a separate mechanism that allows certain rights to be overridden, not the Clause 1 justification test used to weigh limits on rights.