In that regard, in the CORD Case (supra), the Learned Judges stated as follows:”We are guided by the test for determining the justiciability of a rights limitation enunciated by the Supreme Court of Canada in the case of R vs. Oakes (1986) ISCR 103 to which CIC has referred to the Court. The first test requires that the limitation be one that is prescribed by law. It must be part of a statute, and must be clear and accessible to citizens so that they are clear on what is prohibited. Secondly, the objective of the law must be pressing and substantial, that is it must be important to society: see R. vs. Big Drug Mart (1985) ISCR 295. The third principle is the principle of proportionality. It asks the question whether the State, in seeking to achieve its objectives, has chosen a proportionate way to achieve the objectives that it seeks to achieve. another way, whether the legislation meets the Put test of proportionality relative to the objects or purpose it seeks to achieve: see R. Vs Chaulk (1990) 3, SCR 1303. If a sufficiently important objective has been established, the means chosen to achieve the objective must pass a proportionality test. They must be rationally connected to the objective sought to be achieved, and must not be arbitrary, unfair or based on irrational considerations. Secondly, they must limit the right or freedom as little as possible, and their effects on the limitation of rights and freedoms are proportional to the objectives.” 86. We shall apply the above test as we interrogate each of the five areas of concern raised by the Applicant as regards the Press Law. Reference No. 5 of 2013 Page 32

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