- Objective of sufficient importance to warrant limiting the right or freedom. Objective must relate to pressing and substantial concerns in a free and democratic society
- Three part proportionality test ensuring that the means chosen to achieve the objective are reasonable and demonstrably justified
- Measures must not be arbitrary, unfair, or based on irrational considerations - they must be rationally connected to the objectives
- The means should impair the right or freedom as little as possible
- There must be proportionality between the effects of the measures limiting the charter right or freedom and the objective which has been identified as sufficiently important.
Thursday, 26 January 2012
Oakes Framework
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