The Interpretation and Evolution of Section 1 of the Canadian Charter of Rights and Freedoms

The enactment of the Canadian Charter of Rights and Freedoms in 1982 brought rights and freedoms to all Canadians. All sections of the Charter are of great importance, however, one could argue that section 1 is the most important to understand. This is because section 1 not only guarantees the rights and freedoms within the Charter but also grants Courts the ability to place limits on those same rights and freedoms. Through analysis of case law from the Supreme Court of Canada, this research paper analyzes the wording of section 1, the influential case that came before R. v. Oakes [1986], the case that changed the interpretation and application of section 1 (R. v. Oakes), the cornerstone test that came out of it, the pivotal cases that came after that made adjustments to the Oakes test, criticisms, and two case studies.