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 (2)

Label Occurrences
R v Oakes canonical 2
R. v. Oakes 1

How this entity was disambiguated

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 ⓘ
decisionDate 1986-02-28 ⓘ
establishes Oakes test ⓘ
framework for justifying limits on Charter rights ⓘ
proportionality test under section 1 of the Charter ⓘ
fullCaseName R. v. Oakes ⓘ
linked to: R v Oakes
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 ⓘ
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 ⓘ
constitutional law ⓘ
criminal law ⓘ
legalSystem common law ⓘ
originatingJurisdiction Ontario ⓘ
party David Edwin Oakes ⓘ
Her Majesty The Queen ⓘ
region Ontario (case origin) ⓘ
linked to: Ontario
rightsInvolved legal rights under the Charter ⓘ
presumption of innocence ⓘ
shortName Oakes ⓘ
standardOfProof demonstrably justified ⓘ
statuteInvolved Narcotic Control Act ⓘ
subjectMatter reverse onus clause in narcotics legislation ⓘ
usedFor assessing constitutionality of rights limitations ⓘ
yearDecided 1986 ⓘ

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Oakes test → createdInCase → R v Oakes ⓘ
Oakes test → namedAfter → R v Oakes ⓘ
R v Oakes → fullCaseName → R. v. Oakes ⓘ
linked to: R v Oakes