The criminal law power is not unlimited in scope, as noted recently in the Reference re Assisted Human Reproduction Act, where the majority held that it is not enough to identify a public purpose that would have justified Parliament’s action — it must also involve suppressing an evil or safeguarding a threatened interest. The evil must be real and the apprehension of harm must be reasonable. Recourse to the criminal law power cannot be based solely on concerns for efficiency or consistency, as such concerns, viewed in isolation, do not fall under the criminal law.
There are limits to the power's extent under the Canadian Charter of Rights and Freedoms, most notably on the question of proportionality. In R. v. Big M Drug Mart Ltd., Dickson J. asserted that limitations on rights must be motivated by an objective of sufficient importance. Moreover, the limit must be as small as possible. In R. v. Oakes, he elaborated on the standard when one David Oakes was accused of selling narcotics. Dickson for a unanimous Court found that Oakes' rights had been violated because he had been presumed guilty. This violation was not justified under the second step of the following two-step process:
- There must be a pressing and substantial objective
- The means must be proportional
- it must be rationally connected to the objective
- there must be minimal impairment of rights
- there must be proportionality between the infringement and objective
The test is heavily founded in factual analysis so strict adherence is not always practiced. A degree of overlap is to be expected as there are some factors, such as vagueness, which are to be considered in multiple sections. If the legislation fails any of the above branches, it is unconstitutional. Otherwise the impugned law passes the Oakes test and remains valid.
Other articles related to "limitations":
... CBA) - ALPA, AFA, IBT Airline Policies - FRMP, Fairness These include Flight Time Limitations (FTL) - Daily, Weekly, Monthly, Quarterly and Yearly Flight Duty Period Limitations (FDP) - Daily, Weekly ... Overlapping activities, Separation of assignments, base allocation of crew members, Reserve limitations, Crew Training Requirements ...
... Several publications have commented on limitations given to pre-release reviewers by Konami, including discussion on the length of cutscenes and size of the ... These limitations resulted in Electronic Gaming Monthly delaying its review ... code because of non-compliance with the limitations ...
... Due to the limitations of the CD-i, several features could not be included in the game, such as large numbers of sprites on the screen, Mode 7 and many visual effects ...
Famous quotes containing the word limitations:
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