In an effort to combat gang activity, the government has passed a law called STOP GANGS IN ONTARIO ACT (SGOA). The purpose of he law is to help discourage people from joining gangs, and also to make it easier for police to identify gang members. The legislation was debated for one week in the Ontario legislature before it was passed by a vote of 61-46. The law took effect immediately. A provision of this law, s29, prohibits all people from wearing bandanas in schools. The penalty under the SGOA is 30 days in a provincial penitentiary. Jackie Lepage, a 17 year old high school student, was wearing a green bandana while walking to school. The principal noticed Jackie's bandana and called the police. Jackie told the police she didn't know why she was being arrested because she wears her green bandana to raise awareness about the environment. Jackie's parents hired a lawyer to defend her against the charges laid pursuant to the SGOA. Jackie is also bringing a Charter claim, arguing that the law unfairly infringes freedom of expression under s 2(b) of the Charter and should be struck down. A number of advocacy groups have also become involved in the case. An organization known as the Defender of the Under 20 (DU-20), has been protesting the new law and argue that in addition to limited expression, it treats young people differently than adults by only applying in schools. Another lobby group called Take Back our School (TBOS) has been advocating for this legislation because they feel that combating youth participating in gangs in a crucial step toward building safer communities. Jackie was convicted at trial and has appealed the conviction to the Court of Appeal for Ontario.

Long answers that need to be answered

You are a judge of the Court of Appeal for Ontario. You and your colleagues have just heard this case and ruled that s.49 of the SGOA violates s2(b) of the Charter.

- You must now determine if this infringement is justified under s. 1 of the Charter.

- Using the OAKES DECISION, determine whether or not the infringement is a REASONABLE limit (s.1) by applying the OAKES TEST.