What is the Oakes test?
A) a model used by the courts to determine whether Charter breaches are acceptable
B) a framework for governments to apply the notwithstanding clause
C) a means of determining which amending formula applies
D) a formula for deciding which government have a veto on constitutional amendments

Question

Quizplus · Accepted Answer

The Oakes test is a legal test established by the Canadian Supreme Court in the case R. v. Oakes (1986). It is used by courts to determine whether a law that infringes upon rights or freedoms guaranteed by the Canadian Charter of Rights and Freedoms can be justified under section 1 of the Charter as "reasonable limits" that a "free and democratic society" can accept.

What Is the Oakes Test