R v Oakes
E909179
R v Oakes is a landmark 1986 Supreme Court of Canada decision that established the proportionality framework used to justify limits on rights under the Canadian Charter of Rights and Freedoms.
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
Canadian constitutional law case
ⓘ
Supreme Court of Canada decision ⓘ landmark case ⓘ |
| appliedBy | Canadian courts ⓘ |
| appliesTo | justification of rights limitations under the Canadian Charter of Rights and Freedoms ⓘ |
| characterizedAs | leading case on section 1 of the Charter ⓘ |
| charterSectionInvolved |
section 1
ⓘ
section 11(d) ⓘ |
| citation | [1986] 1 S.C.R. 103 ⓘ |
| constitutionalProvisionInterpreted |
section 1 of the Canadian Charter of Rights and Freedoms
ⓘ
section 11(d) of the Canadian Charter of Rights and Freedoms ⓘ |
| country | Canada ⓘ |
| court | Supreme Court of Canada NERFINISHED ⓘ |
| decisionDate | 1986-02-28 ⓘ |
| establishes |
Oakes test
NERFINISHED
ⓘ
framework for justifying limits on Charter rights ⓘ proportionality test under section 1 of the Charter ⓘ |
| fullCaseName | R. v. Oakes NERFINISHED ⓘ |
| holds |
limits on Charter rights must be demonstrably justified in a free and democratic society
ⓘ
reverse onus provisions may violate the presumption of innocence ⓘ |
| impact |
foundational precedent for Canadian Charter jurisprudence
ⓘ
widely cited in subsequent Supreme Court of Canada decisions ⓘ |
| inForce | true ⓘ |
| involves | Canadian Charter of Rights and Freedoms NERFINISHED ⓘ |
| jurisdiction | federal ⓘ |
| keyConcept |
minimal impairment
ⓘ
overall proportionality between effects and objective ⓘ pressing and substantial objective ⓘ proportionality ⓘ rational connection ⓘ |
| language | English ⓘ |
| legalArea |
Canadian Charter of Rights and Freedoms
NERFINISHED
ⓘ
constitutional law ⓘ criminal law ⓘ |
| legalSystem | common law ⓘ |
| originatingJurisdiction | Ontario NERFINISHED ⓘ |
| party |
David Edwin Oakes
NERFINISHED
ⓘ
Her Majesty The Queen NERFINISHED ⓘ |
| region | Ontario (case origin) NERFINISHED ⓘ |
| rightsInvolved |
legal rights under the Charter
ⓘ
presumption of innocence ⓘ |
| shortName | Oakes NERFINISHED ⓘ |
| standardOfProof | demonstrably justified ⓘ |
| statuteInvolved | Narcotic Control Act NERFINISHED ⓘ |
| subjectMatter | reverse onus clause in narcotics legislation ⓘ |
| usedFor | assessing constitutionality of rights limitations ⓘ |
| yearDecided | 1986 ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.