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.
All labels observed (1)
| Label | Occurrences |
|---|---|
| R v Oakes canonical | 2 |
How this entity was disambiguated
This entity first appeared as the object of triple T11159423 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: R v Oakes Context triple: [Oakes test, createdInCase, R v Oakes]
-
A.
R. v. Lavell
R. v. Lavell is a landmark 1974 Supreme Court of Canada decision that addressed sex discrimination in the Indian Act and tested the scope and effectiveness of the Canadian Bill of Rights in protecting equality rights.
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B.
R (Jackson) v Attorney General
R (Jackson) v Attorney General is a landmark 2005 House of Lords case that examined the constitutional validity of legislation enacted under the Parliament Acts and explored fundamental principles about the limits of parliamentary sovereignty and the rule of law in the UK.
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C.
R v McIlkenny and others
R v McIlkenny and others is the criminal case in which the men later known as the Birmingham Six were controversially convicted in 1975 for the Birmingham pub bombings, convictions that were ultimately quashed in 1991.
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D.
X v. Rex
X v. Rex is a classic detective novel by Philip MacDonald featuring a tense murder investigation and intricate courtroom drama.
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E.
Guerin v. The Queen
Guerin v. The Queen is a landmark 1984 Supreme Court of Canada decision that established the federal government’s fiduciary duty toward Indigenous peoples in its management of reserve lands.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: R v Oakes Target entity description: 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.
-
A.
R. v. Lavell
R. v. Lavell is a landmark 1974 Supreme Court of Canada decision that addressed sex discrimination in the Indian Act and tested the scope and effectiveness of the Canadian Bill of Rights in protecting equality rights.
-
B.
R (Jackson) v Attorney General
R (Jackson) v Attorney General is a landmark 2005 House of Lords case that examined the constitutional validity of legislation enacted under the Parliament Acts and explored fundamental principles about the limits of parliamentary sovereignty and the rule of law in the UK.
-
C.
R v McIlkenny and others
R v McIlkenny and others is the criminal case in which the men later known as the Birmingham Six were controversially convicted in 1975 for the Birmingham pub bombings, convictions that were ultimately quashed in 1991.
-
D.
X v. Rex
X v. Rex is a classic detective novel by Philip MacDonald featuring a tense murder investigation and intricate courtroom drama.
-
E.
Guerin v. The Queen
Guerin v. The Queen is a landmark 1984 Supreme Court of Canada decision that established the federal government’s fiduciary duty toward Indigenous peoples in its management of reserve lands.
- F. None of above. chosen
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 ⓘ |
How these facts were elicited
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You are a knowledge base construction expert. Given a subject entity and a description of it, return factual statements that you know for the subject as a JSON list of dictionaries(triples), where keys must be "subject", "predicate" and "object". The number of facts may be very high, between 25 to 50 or more, for very popular subjects. For less popular subjects, the number of facts can be very low, like 5 or 10. # Requirements - If you don't know the subject at all, return an empty list. - If the subject is not a named entity, return an empty list. - Include at least one triple where predicate is "instanceOf". - Do not get too wordy. - Separate several objects into multiple triples with one object.
Subject: R v Oakes Description of subject: 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.
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.