Lex Pundit
ConstitutionalFramework settled

Limiting a Charter right — the Oakes test

A Charter right can be limited if the government shows the limit is a reasonable one, justified under section 1 through the Oakes test.

Position current as of July 2026

Current position

Section 1 of the Charter guarantees rights subject to “reasonable limits… demonstrably justified in a free and democratic society.” Once a claimant shows a right has been infringed, the burden shifts to the government to justify the limit.

The Oakes test asks two things. First, the objective of the limit must be pressing and substantial. Second, the means must be proportionate: rationally connected to the objective, impairing the right as little as reasonably possible, and proportionate in their overall effect. A limit that fails any branch is not saved by section 1.

Governing authority
R v Oakes
[1986] 1 SCR 103

Oakes remains the governing framework for every section 1 justification, applied and refined but never displaced.

Key cases
Supreme Court of Canada
R v Oakes
[1986] 1 SCR 103 · Feb 28, 1986

The Court set out the test for when a limit on a Charter right can be justified under section 1: the objective must be pressing and substantial, and the means proportionate — rationally connected to the objective, minimally impairing of the right, and proportionate in their overall effect.

Supreme Court of Canada
R v Big M Drug Mart Ltd
[1985] 1 SCR 295 · Apr 24, 1985

The Court struck down the Lord's Day Act as an infringement of freedom of religion under section 2(a). A law's constitutionality turns on both its purpose and its effects, and Charter rights are defined by the interests they protect.

How the law evolved
1982
The Charter takes effectOrigin
Section 1 makes every guaranteed right subject to justified limits, but supplies no test for what counts.
1986
R v OakesLeading case
[1986] 1 SCR 103
The Court sets the pressing-and-substantial objective and three-part proportionality test.
Today
Applied and calibrated
Courts apply Oakes flexibly by context, with minimal impairment and final-stage balancing doing most of the work.