The Court in*R v Oakes*created a two-step balancing test to determine whether a government can justify a law which limits a*Charter*right.Of course not.
Nobody believes that.
Do I believe it has to stop mass shooters in order to be a valid form of gun control?
ROTFLMAO!!
1.****The government must establish that the law under review has a goal that is both*“pressing and substantial.”*The law must be both important and necessary. Governments are usually successful in this first step.
2.**The court then conducts a*proportionality analysis*using three sub-tests.
a.*The government must first establish that the provision of the law which limits a*Charter*right is*rationally connected*to the law’s purpose. If it is arbitrary or serves no logical purpose, then it will not meet this standard.
b.*Secondly, a provision must*minimally impair*the violated*Charter*right. A provision that limits a*Charter*right will be constitutional only if it impairs the*Charter*right as little as possible or is “within a range of reasonably supportable alternatives.”[4]*
c.*Finally, the court examines the law’s*proportionate effects. Even if the government can satisfy the above steps, the effect of the provision on*Charter*rights may be too high a price to pay for the advantage the provision would provide in advancing the law’s purpose.*
Of course, Americans feel their right to bare arms gives them a more absolute right. Many tend to think the Oaks test is asinine. While I like the Oakes test, I do not feel inclined to disagree with the Americans.