Font size:

In Brief: Section 1 of the Charter & the Oakes Test

OJEN In Brief resources are designed to provide high school students with an introduction to basic legal concepts. Each resource includes a short lesson plan for the teacher; a 1-4 page plain language description of the legal topic; and activities that provide students with the opportunity to apply their knowledge of the topic.

The Oakes test is a legal test created by the Supreme Court of Canada in the case R v Oakes (1986). R v Oakes provided the Court with the opportunity to interpret the wording of section 1 of the Charter and to explain how section 1 would apply to a case. The result was the Oakes test – a test that is used every time a Charter violation is found. Section 1 of the Charter is often referred to as the “reasonable limits clause” because it is the section that can be used to justify a limitation on a person’s Charter rights. Charter rights are not absolute and can be infringed if the Courts determine that the infringement is reasonably justified.

Grade level

Subject area


3 thoughts on “In Brief: Section 1 of the Charter & the Oakes Test”

  1. Hi,
    I find the material very useful, however where will I find solutions or suggested answers for case study based questions.

    1. Hi there, and thanks for using our resource! The Teacher’s Key contains responses to the discussion questions, but the purpose of the case study (which is fictional) is for students to make an argument for each of the steps of the legal analysis, so none are provided. Cheers!

  2. Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

Keep up-to-date with news from OJEN!

OJEN has cleaned its email list in accordance with CASL legislation. If you used to receive our publications, please enter your email address into the box below to check if you are still subscribed.

Your address was not found on our list.

You are already subscribed to OJEN’s newsletter, thank you.