Section 1 (Guarantee of rights and freedoms subject to reasonable limits)

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constitutional provision section of the Canadian Charter of Rights and Freedoms

Section 1 (Guarantee of rights and freedoms subject to reasonable limits) is the provision in the Canadian Charter of Rights and Freedoms that affirms protected rights while allowing them to be restricted by laws that can be demonstrably justified in a free and democratic society.

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Observed surface forms (1)

Surface form	Occurrences
Section 1 of the Canadian Charter of Rights and Freedoms	1

Statements (49)

Predicate	Object
instanceOf	constitutional provision ⓘ section of the Canadian Charter of Rights and Freedoms ⓘ
alsoKnownAs	Section 1 (Guarantee of rights and freedoms subject to reasonable limits) ⓘ surface form: Section 1 of the Canadian Charter of Rights and Freedoms reasonable limits clause of the Charter ⓘ
appliesTo	administrative decisions ⓘ executive actions ⓘ freedoms in the Canadian Charter of Rights and Freedoms ⓘ legislative acts ⓘ rights in the Canadian Charter of Rights and Freedoms ⓘ
associatedDoctrine	Oakes test ⓘ
cameIntoForce	1982 ⓘ
conditionForLimitation	limits must be demonstrably justified ⓘ limits must be justified in a free and democratic society ⓘ limits must be prescribed by law ⓘ limits must be reasonable ⓘ
country	Canada ⓘ
draftedInLanguage	English ⓘ French ⓘ
enactedBy	Constitution Act, 1982 ⓘ
governs	justification of rights infringements ⓘ scope of Charter rights ⓘ
hasRole	guarantees Charter rights and freedoms ⓘ permits reasonable limits on rights and freedoms ⓘ
hasTextFragment	The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it ⓘ as can be demonstrably justified in a free and democratic society ⓘ subject only to such reasonable limits prescribed by law ⓘ
influencedBy	liberal democratic constitutional theory ⓘ
inForceIn	all Canadian provinces ⓘ all Canadian territories ⓘ
interpretedBy	Canadian court system ⓘ surface form: Canadian courts Supreme Court of Canada ⓘ
jurisdiction	Canadian federal government (Ottawa) ⓘ surface form: federal government of Canada provincial governments of Canada ⓘ
legalEffect	affirms that Charter rights and freedoms are guaranteed ⓘ allows rights and freedoms to be restricted by law ⓘ
legalSystem	Canadian constitutional law ⓘ
partOf	Constitution of Canada ⓘ surface form: Canadian Charter of Rights and Freedoms Constitution of Canada ⓘ
principle	minimal impairment of rights ⓘ pressing and substantial objective for limiting rights ⓘ proportionality in limiting rights ⓘ rational connection between objective and limit ⓘ
purpose	to balance individual rights with collective interests ⓘ to ensure that rights are not absolute ⓘ to provide a framework for justifying rights limitations ⓘ
relatedConcept	free and democratic society ⓘ reasonable limits clause ⓘ
usedIn	constitutional challenges to laws ⓘ judicial review of legislation ⓘ

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Section 1 (Guarantee of rights and freedoms subject to reasonable limits) → alsoKnownAs → Section 1 (Guarantee of rights and freedoms subject to reasonable limits) ⓘ

this entity surface form: Section 1 of the Canadian Charter of Rights and Freedoms

Constitution Act, 1982 → hasSection → Section 1 (Guarantee of rights and freedoms subject to reasonable limits) ⓘ