What is the test for a state to justify a limit on a Charter right?
Canada (Federal), Canada
The following excerpt is from Zhou v. Canada (Citizenship and Immigration), 2021 FC 1424 (CanLII):
Section 1 of the Charter is engaged only after a finding has been made that a right has been limited. Section 1 of the Charter allows the state to justify a limit on a Charter right as “demonstrably justified in a free and democratic society.” The onus of proof is on the person seeking to justify the limit – in this case, the Respondent [R v. Oakes, 1986 CanLII 46 (SCC), [1986] 1 SCR 103].
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