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	Section One of the Canadian Charter of Rights and Freedoms - Wikipedia, the free encyclopedia
		The primary test to determine if the purpose is sufficiently justified in a free and democratic society is known as the Oakes test, which takes its name from the essential case R.
		The test was apparently developed by the late Chief Justice Brian Dickson, although scholars Morton and Knopff report a rumor that Dickson's clerk Joel Bakan was the true author.
		It has been questioned whether the Oakes test, or any section 1 test at all, could ever be applied to section 12 of the Charter, which provides rights against cruel and unusual punishment.
	en.wikipedia.org /wiki/Oakes_test (1485 words)

	R. v. Oakes - Wikipedia, the free encyclopedia
		Oakes made a constitutional challenge, claiming that the “reverse onus” created by the presumption of possession for purposes of trafficking violated the presumption of innocence guarantee under s.11(d) of the Charter.
		In applying this test to the facts the Court found that section 8 does not pass the rational connection test as the "possession of a small or negligible quantity of narcotics does not support the inference of trafficking...
		This was the first case to consider the application of section 1 of the Charter and was used as a test case to set the foundation for the Courts to analyze the Charter.
	en.wikipedia.org /wiki/R._v._Oakes (755 words)

	Oakes test -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-21)
		The Oakes test is applied by (Click link for more info and facts about courts in Canada) courts in Canada when any legislation is found to infringe upon rights guaranteed by the (Click link for more info and facts about Canadian Charter of Rights and Freedoms) Canadian Charter of Rights and Freedoms.
		The test is used to determine if the legislation can survive a challenge under Section 1 of the Canadian Charter (see (Click link for more info and facts about limitations clause) limitations clause).
		Proportionality Test: Examine the proportionality between the Parliament or the Provincial legislature's objective and the means used to further that objective.
	www.absoluteastronomy.com /encyclopedia/o/oa/oakes_test.htm (432 words)

	Canadian Charter of Rights Decisions Digest - SECTION 1 (Site not responding. Last check: 2007-10-21)
		Oakes, 1986 CanLII 46 (S.C.C.), [1986] 1 S.C.R. 103, and involves an inquiry into the importance of the objective of a limiting measure, and the reasonableness of the means adopted to achieve the objective.
		To meet the test in s.1, two central criteria must be satisfied: (i) the objective, which the measures responsible for a limit are designed to serve, must be of sufficient importance to warrant overriding a constitutionally protected right or freedom.
		The subsequent development of the Oakes test ensures that the rational connection and the minimal impairment tests are sufficient to determine whether there is a proportionality between the deleterious effects of a measure, and its objective.
	www.canlii.org /ca/com/chart/s-1.html (16185 words)

	r. v. oakes, [1986] 1 S.C.R. 103 (Site not responding. Last check: 2007-10-21)
		Oakes was found in possession of eight one gram vials of cannabis resin in the form of hashish oil.
		Oakes told the police that he had bought ten vials of hashish oil for $150 for his own use, and that the $619.45 was from a workers' compensation cheque.
		The test, according to Laskin J., is whether the legislative provision calls for a finding of guilt even though there is a reasonable doubt as to the culpability of the accused.
	www.lexum.umontreal.ca /csc-scc/en/pub/1986/vol1/html/1986scr1_0103.html (11312 words)

	Section one of the _Constitution Act, 1982_ of Canada
		Oakes was prosecuted by the Crown under a law that the court agreed violated his Charter rights.
		The Oakes test also requires that the purpose of overriding a constitutional right must be an objective relating to concerns that are "pressing and substantial in a free and democratic society" according to the Supreme Court of Canada.
		The Oakes test also requires a proportionality between the importance of the objective of the law that impairs Charter rights and the severity of the impairment.
	www.unb.ca /education/ed6007/c82s01q.html (1378 words)

	Oak Corbels (Site not responding. Last check: 2007-10-21)
		The "live oaks" (oaks with evergreen leaves) are not a distinct group, instead with their members scattered among the sections below.
		David Edwin Oakes was found in possession of eight one-gram vials of cannabis resin in the form of hash oil as well as $619.45.
		Oakes claimed that he had bought the vials for his own personal use and that the money he had was from a workers' compensation cheque.
	www.blownspeakers.com /pages3/62/oak-corbels.html (1381 words)

	Sauvé v. Canada (Chief Electoral Officer) (C.A.) (Site not responding. Last check: 2007-10-21)
		The third part of the proportionality test is whether the deleterious effects of the measure are proportional to the significance of the objectives and the beneficial effects of the measure.
		The second branch of the Oakes test requires a court to assess whether the means chosen by Parliament to implement the objectives pursued are reasonable and demonstrably justifiable in a free and democratic society.
		The Oakes test is therefore not meant to be a rigid test, and indeed it cannot be.
	reports.fja.gc.ca /fc/2000/pub/v2/2000fc25403.html (15551 words)

	Oakes test: Definition and Links by Encyclopedian.com - All about Oakes test
		The Oakes test is a test applied by courts in Canada that was developed in the landmark R.
		The Oakes test is used to determine if government legislation can survive an Article 1 (limitations clause) challenge.
		In regards to the analysis under Section 1 of the Canadian Charter of Rights and Freedoms the Court asks two questions to determine whether a law is constitutional or not:
	www.encyclopedian.com /oa/Oakes-test.html (333 words)

	On Smokes and Oakes: A Comment on RJR-MacDonald Inc. v. Canada (A.G.) (Site not responding. Last check: 2007-10-21)
		In reference to the third part of the Oakes test, the majority simply stated that the fact the infringed expression was motivated by profit was irrelevant to the s.1 analysis.
		The majority further held that the infringement of s.2(b) of the Charter was justified under the triune Oakes test.
		It must be noted that McLachlin J.'s reluctance to recognise the overall import of the TPCA's objectives became significant during her analysis of the tripartite proportionality test, where the level of importance attributed to a law's objective clearly affected the standard of proof demanded by the Court.
	www.tobaccolaw.org /documents/english/literature/OnSmokesandOakes.htm (12763 words)

	Egan v. Canada ( C.A. ) (Site not responding. Last check: 2007-10-21)
		The first one, which can be called the "abstract test", presumes discrimination once it has been found that a distinction is based on a prohibited ground, without regard to the purposes and objects of the impugned legislation, nor the fact that others may also have been denied the benefit.
		The second approach, which can be labelled the "concrete test" and is mandated by Andrews, is a contextual one and requires a full analysis of the immediate impact of the legislation on members of the disadvantaged group, as well as others who are excluded, as measured against the purposes and objects of the legislation.
		The "test as stated" was the Aristotelian principle of formal equality"that "things that are alike should be treated alike, while things that are unalike should be treated unalike in proportion to their unlikeness".
	reports.fja.gc.ca /fc/1993/pub/v3/1993fca0355.html (17190 words)

	Guest Journal Articles
		The physical therapist administering the test was blinded to the work status of the patients so as not to bias the outcome of the validity component of the study.
		Test items include the 20 physical demands of work as defined by the Department of Labor in the Dictionary of Occupational Titles." The test was developed to enhance the consistency and objectivity of the therapist's judgment in determining a worker's maximum safe physical working ability.
		Because many fine motor tests that have been standardized and tested for reliability and validity are currently available, the authors and the developer of the PWPE (DL) decided not to evaluate these tests further in the current study.
	www.oakes.org /validity.htm (1075 words)

	Contents of III. PROPORTIONALITY AND COMPARATIVE CONSTITUTIONAL LAW (Site not responding. Last check: 2007-10-21)
		The test does not seem to be particularly associated with outcomes in favor of or against the government position, unlike the “compelling interest” test of U.S. equal protection jurisprudence.
		Notably, the “minimal impairment” test has not been applied as a “least restrictive means” standard, but rather, as a more flexible analysis of whether the degree of impairment of protected rights is justifiable, considering the importance of the right, the degree of intrusion, and the nature of the asserted government interest.
		Both the plurality opinion and the Frankfurter concurrence relied on balancing tests that sought to measure the gravity of the evil the government sought to contain by its passage of the Smith Act against the accompanying intrusion on free speech.
	www.law.upenn.edu /journals/conlaw/issues/vol1/num3/jackson/node5_ct.html (6444 words)

	Wetland Symposium (Site not responding. Last check: 2007-10-21)
		Oakes Test Area is a 3,885-ha irrigation test area located along the James River.
		River water is used for irrigation of the test area and is returned through surface and subsurface drains.
		Therefore, average concentrations in livers from Oakes Test Area were at the high end of the normal range for uncontaminated populations.
	www.npwrc.usgs.gov /resource/1998/wetsympo/selenium.htm (607 words)

	[No title]
		The denial to the child of a general guarantee to security of the person subject only to certain exceptions is an affront to the child's human dignity and contradicts the logic of the section one test (the latter being a test for justifiable restrictions in limited circumstances on an accepted general right).
		1 test of impairing rights minimally since in undermining the presumption of a child's general guarantee to security of the person, it diminishes the child's worth as a person.
		It would, however, not be politic to highlight through the invocation of the notwithstanding clause that children in Canada are not to be accorded the same respect for their bodily and psychological integrity under the Canadian Charter of Rights and Freedoms (1982) as are other persons in the society.
	www.murdoch.edu.au /elaw/issues/v10n4/grover104.txt (6490 words)

	Read about Oakes test at WorldVillage Encyclopedia. Research Oakes test and learn about Oakes test here! (Site not responding. Last check: 2007-10-21)
		The Oakes test is applied by courts in Canada when any legislation is found to infringe upon rights guaranteed by the
		The test is used to determine if the legislation can survive a challenge under Section 1 of the Canadian Charter (see
		Oakes [1986] 1 S.C.R. 103 and designed by Joel Bakan, a law professor at the
	encyclopedia.worldvillage.com /s/b/Oakes_test (369 words)

	Encyclopedia: Freedom of speech (Site not responding. Last check: 2007-10-21)
		Under international law, restrictions on free speech are required to comport with a strict three part test: they must be provided by law; pursue an aim recognized as legitimate; and they must be necessary (i.e., proportionate) for the accomplishment of that aim.
		Justice Oliver Wendell Holmes wrote that "the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be carried out." Abrams v.
		This decision was one of the first cases after the Oakes test was established.
	www.nationmaster.com /encyclopedia/Freedom-of-speech (10565 words)

	[No title]
		Cotroni [1989] 1 S.C.R. 1469 at 1471: The Oakes test should not be applied in an overly rigid and mechanistic fashion An extradition may be rationally connected to the objectives underlying extradition notwithstanding the fact that Canada has sufficient interest to prosecute for the same acts.
		The Oakes test should not be applied in an overly rigid and mechanistic fashion: the language of the .
		The analysis should be functional, focussing on the character of the classification in question, the constitutional and societal importance of the interests adversely affected, the relative importance to the individuals affected of the benefit of which they are deprived, and the importance of the state interest.
	www.hrcr.org /safrica/limitations/limitation.doc (12799 words)

	minutes (Site not responding. Last check: 2007-10-21)
		He said it is the position of the Bureau of Reclamation that the studies have been completed and the bureau is funding the operation of the Oakes Test Area pending transfer of title to the state.
		He said the bureau is currently in negotiations with the state concerning the transfer of title to the Oakes Test Area and is operating the Oakes Test Area for irrigation in the meantime.
		He said the authorized research was to be on 5,000 acres in the Oakes Test Area to determine the impact of irrigation on the James River, which has not been done.
	www.state.nd.us /lr/assembly/55-1997/interim-info/minutes/gd102397.html (3827 words)

	Dagenais v. Canadian Broadcasting Corp., [1994] 3 S.C.R. 835 (Site not responding. Last check: 2007-10-21)
		He must prove that the proposed ban is necessary, in that it relates to an important objective that cannot be achieved by a reasonably available and effective alternative measure, that the proposed ban is as limited as possible, and that there is a proportionality between the salutary and deleterious effects of the ban.
		Though this test differs on a formal level from the "real and substantial risk" test, they are equivalent in substance.
		I would, therefore, rephrase the third part of the Oakes test as follows: there must be a proportionality between the deleterious effects of the measures which are responsible for limiting the rights or freedoms in question and the objective, and there must be a proportionality between the deleterious and the salutary effects of the measures.
	www.lexum.umontreal.ca /csc-scc/en/pub/1994/vol3/html/1994scr3_0835.html (17516 words)

	Are Canada’s Child Pornography Laws Unconstitutional (Site not responding. Last check: 2007-10-21)
		Is the Oakes test easy to manipulate considering the test is easy to pass because courts are reluctant to decide if an issue is important or not?
		The Oakes test is fairly easy to pass as courts focus solely on providing a fair and just conclusion.
		The true test of whether my tutorial was affective came at the class debate.
	www.markville.ss.yrdsb.edu.on.ca /politics/hammad.html (2735 words)

	[No title]
		With regard to a protest about management officials at any level, the test should be whether the protest is designed to produce changes in management hierarchy unrelated to employment conditions or to produce changes in working conditions.
		Nonetheless, the Oakes court's concern was whether the protest began with employees as opposed to other supervisors.
		I conclude that the banning of these message, much as with the others, was engaged in as a demonstration of control in and of itself--announcing to employees that the Respondent would make the rules governing employee communication--rather than with a purpose of bringing decorum to the plant.
	www.nlrb.gov /nlrb/shared_files/decisions/321/321-163.txt (16003 words)

	minutes (Site not responding. Last check: 2007-10-21)
		He said the conservancy district is proposing that the Act authorize the Secretary of the Interior to enter into an agreement with the state to transfer the Oakes Test Area facilities to the state.
		He said the Dakota Water Resources Act of 1997, as introduced, provides that the decision on the Oakes Test Area must be made one year after passage of the Act.
		However, he said, the conservancy district is advocating that the Oakes Test Area decision should be tied to delivery of water to the Red River Valley.
	www.state.nd.us /lr/assembly/55-1997/interim-info/minutes/gd060998.html (3606 words)

	Canada, Edwards Brooks & Art Ltd v The Queen (Site not responding. Last check: 2007-10-21)
		However in Oakes the reverse onus provision requiring individuals in possession of drugs to show that they were not trafficking deemed rationally unrelated to the legislation’s objectives.
		R v Morgenthaler [1988] 1 SCR 30 held that the provisions of the Criminal Code which restricted abortion to cases in which the woman’s life was in danger were arbitrary, unfair and rationally unrelated to the legislation’s objective.
		Woolman points that the second part of the Oakes proportionality test ‘invites significant judicial intervention into legislative policy-making, a task for which the courts are clearly not suited.
	www.hrcr.org /safrica/limitations/edwards_queen.html (286 words)

	Garrison Diversion » Programs » Operations and Maintenance
		Beginning in the summer of 1999, Oakes O&M forces have been testing a brush system to clean these drains.
		The tests showed this to be a feasible method, and different sizes of brushes were purchased early in 2000, which are being utilized to clean the larger diameter drains.
		This is one of the first places in the United States where agricultural drains have been cleaned with this system of brushes, and this method has proven to be quite effective.
	www.garrisondiv.org /pages/programs/om/oakes.epl (392 words)

	RJR-MacDonald Inc. v. Canada (Attorney General) (Site not responding. Last check: 2007-10-21)
		The Oakes test must be applied flexibly, having regard to the factual and social context of each case.
		The Oakes requirements therefore must be applied flexibly, having regard to the specific factual and social context of each case.
		The Court has recognized that the Oakes standard of justification should be attenuated when institutional constraints analogous to those in the present cases arise.
	www.tobaccolaw.org /documents/english/Cases/RJR1995.htm (15375 words)

	Judicial activism has gone too far, court says
		The Newfoundland judges urged the Supreme Court to revamp the Oakes test, which has been used since 1986 as a template by judges deciding whether laws that violate the Charter of Rights can otherwise be justified.
		The court said the separation of powers between legislatures and the judiciary was forged "in bloodshed," a historical reality that has been forgotten as contemporary judges tinker with legislation.
		The appeal court upheld the provincial government's decision, and questioned the test set up by the Supreme Court to judge whether a law can be justified even though it violates the Charter of Rights.
	www.fact.on.ca /news/news0212/gm021212.htm (718 words)

	BACK TO FUNDAMENTALS: MULTIDISCIPLINARY PARTNERSHIPS AND FREEDOM OF ASSOCIATION UNDER SECTION 2(D) OF THE CHARTER (Site not responding. Last check: 2007-10-21)
		While the first part of the Oakes test considers whether the transgressor's objective in violating the Charter is sufficiently important and pressing to warrant the infringement, the second poses three additional questions to determine whether its means are 'proportional' to that objective.
		The sense that Oakes was too exacting in turn prompted further modifications, with the result that, today, the formula does not apply the same way from one decision to the next.
		Although the Oakes test, in formal terms, comprises two branches, consisting of a pressing and substantial objective, followed by the tripartite requirements of proportionality, the two most important s.
	www.utpjournals.com /product/utlj/503/503_cameron.html (15591 words)

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