Which provision states that rights are subject to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society?

• A. Section 33
• B. Section 9
• C. Section 8
• D. Section 1

Answer: (D)

The idea being tested is that rights in the Charter aren’t absolute; they can be limited if the limit is reasonable and justified in a democracy. That allowance is found in the limitation clause, which states that rights are subject to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This means any restriction must come from a law enacted by elected representatives and must meet a real societal need, not be arbitrary. To determine whether a limit is justified, courts use the Oakes framework: the measure must pursue a pressing and substantial objective, be rationally connected to that objective, impair rights as little as possible, and balance the overall benefits against the character and extent of the rights affected. The idea is to balance individual rights with the common good, ensuring limits are carefully scrutinized rather than dismissed outright. Other provisions you might encounter deal with specific protections (like freedom from arbitrary detention or freedom from unreasonable searches) or with overrides (the notwithstanding clause), but the language about reasonable, justified limits is the hallmark of the limitation clause itself.