What type of limits on rights does Section 1 permit in a 'free and democratic society'?

• A. Absolute protection of rights
• B. Reasonable limits that can be justified in a free and democratic society, as shown by the Oakes test
• C. Only government-approved limits
• D. No limits allowed

Answer: (B)

Rights aren’t absolute in the Charter. Section 1 allows limits on rights, but only if they are reasonable and demonstrably justified in a free and democratic society. Courts use the Oakes test to decide when a limit meets that standard. The test asks whether there is a pressing and substantial objective, whether the limit has a rational connection to that objective, whether the measure minimally impairs rights, and whether the overall balance between the measure’s benefits and the rights infringed is proportionate. If all four parts are satisfied, the limit is allowed; if not, the right remains protected. This is why the correct choice describes reasonable limits that can be justified in a free and democratic society, as shown by the Oakes test. The other ideas—rights being absolutely protected, no limits at all, or limits that only come with some government pre-approval—don’t fit the Charter’s framework.