The Jurisprudence of Limitation Clauses with Particular Reference to Section 1 of the Canadian Charter of Rights and Freedoms

Abstract

Section 1 of the Canadian Charter of Rights and Freedoms which is part of the [Canadian] Constitution Act, 1982 is a general limitations clause applicable to all the rights and freedoms enshrined in the Charter. Under this Section, the Parliament or Legislature can enact any law which has the effect of limiting any of the guaranteed rights or freedoms, provided that the law is “reasonable and can be demonstrably justified in a free and democratic society.