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app.legalsensus.com / documents / oakes
Supreme Court of Canada

R. v. Oakes — [1986] 1 SCR 103

Supreme Court of Canada · 28 pages

The onus of proving that a limitation on any Charter right is reasonable and demonstrably justified in a free and democratic society rests upon the party seeking to uphold the limitation.

Explain

The party defending a Charter limit must prove it's a reasonable, justifiable restriction in a free and democratic society. This burden of proof flips the usual rule: instead of the citizen proving their right, the government has to defend its limit.

Cited from p. 12, ¶ 24
Summary
Legal terms
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Constitutional Law — Week 8
Compare the s. 7 analysis here with R v. Morgentaler.
Reading Oakes (p. 1–28)…Article consulted: s. 7, Charter of Rights and Freedoms

Both cases use the principles of fundamental justice as the s. 7 anchor — but Morgentaler treats them as procedural (access to abortion review), while Oakes is decided on s. 1 grounds rather than s. 7. Key contrast: Oakes establishes the proportionality test you'll apply to almost every Charter limit going forward.

Oakes, p. 12 ¶ 24Charter, s. 7
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Hodgkinson v. Simms · 1994

A breach of fiduciary duty arises where one party stands in a position of trust and confidence such that the law imposes an obligation of loyalty and good faith.

SummaryLegal termsExplainReformulate
Explain

Some relationships (like lawyer–client or doctor–patient) put one person in charge of another's interests. The law says: don't betray that trust. If you do, you've breached your fiduciary duty.

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Art. 1457Civil Code of Québec
Art. 1457
Civil Code of Québec
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Every person has a duty to abide by the rules of conduct incumbent on him, according to the circumstances, usage or law, so as not to cause injury to another. Where he is endowed with reason and fails in this duty, he is liable for any injury he causes to another by such fault…

faute, dommage, lien causal
My note

Foundation article for civil liability — three elements: fault, damage, causation. Cf. art. 1458 for contractual.

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Under s. 1 of the Charter, who carries the burden of justifying a rights infringement?

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Step 3 of 3 · ResultsProcessing 4 of 5
  • Oakes — case briefDone
  • Morgentaler — case briefDone
  • Hunter v. Southam — case briefDone
  • Big M Drug Mart — case briefDone
  • Edwards Books — case briefProcessing
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