Law Society of Ontario (LSO) Paralegal Practice Exam

Which requirement is essential in the R v Oakes test regarding legislative objectives?

1. It must have an economic benefit

2. It must affect minimal political rights

3. It must address a pressing and substantial concern

4. It must be a popular opinion

The correct answer is: It must address a pressing and substantial concern

The requirement that a legislative objective must address a pressing and substantial concern is crucial in the R v Oakes test, as it focuses on the justification of a limitation on rights. This test is used in the context of Section 1 of the Canadian Charter of Rights and Freedoms, which allows for rights and freedoms to be limited only if such limitations can be demonstrably justified in a free and democratic society. In the context of the Oakes test, the court requires that legislative goals must not only be meaningful but also significant enough to warrant the infringement of a constitutionally protected right. The rationale is that legislation should serve important societal interests that are pressing in nature, ensuring that any limitation on rights is necessary and justifiable. This means that the government must demonstrate that the objective is not just desirable but essential in addressing a serious issue, which is a higher standard than just being economically beneficial, maintaining minimal political rights, or merely reflecting popular opinion. Therefore, this characteristic of addressing a pressing and substantial concern is a fundamental element of evaluating the constitutionality of a law that limits rights.