Which section sets out the possibility of limiting rights under law?

Which section sets out the possibility of limiting rights under law?

• A. Section 24
• B. Section 1
• C. Section 35
• D. Section 13

Answer: (B)

Rights in the Charter aren’t absolute; they can be limited by law if those limits are reasonable and demonstrably justified in a free and democratic society. The provision that sets out this possibility is the one that states rights and freedoms are guaranteed subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This is the mechanism courts use to balance individual rights with other important societal needs, often through the Oakes framework that looks at objective, minimal impairment, and proportionality. Other sections cover different topics—remedies for Charter violations, recognition of Indigenous rights, or protection against self-incrimination in testimony—so they don’t address limiting rights in the same way.

Rights in the Charter aren’t absolute; they can be limited by law if those limits are reasonable and demonstrably justified in a free and democratic society. The provision that sets out this possibility is the one that states rights and freedoms are guaranteed subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This is the mechanism courts use to balance individual rights with other important societal needs, often through the Oakes framework that looks at objective, minimal impairment, and proportionality. Other sections cover different topics—remedies for Charter violations, recognition of Indigenous rights, or protection against self-incrimination in testimony—so they don’t address limiting rights in the same way.