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
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