R. v. Morgentaler law case

Summary of facts

Applicable laws

Question 1 - Does the Charter apply to this case?

Question 2 - Has a guaranteed right or freedom been infringed?

Question 3 - If a right or freedom has been infringed, can the infringement be justified

by section 1, the reasonable limits clause?

Question 3 Answer CSOT

Question 3 Answer PT

1. The Compelling-State Objective Test (CSOT)- The government's objective must

be pressing (current, relevant, urgent) and substantial (important, significant,

crucial).

2. The Proportionality Test (PT) - The government must prove the limit is

reasonable. This involves balancing the rights of the individual with the rights of

society (the scales of justice). This requires three tests:

i) Is the law rationally connected to the objective? Does the law

actually achieve the government's objective?

ii) Does the law limit the right or freedom as little as possible in

achieving the objective? Is there any less intrusive way to achieve

the government's objective?

iii) Is there a proportionality between the effect to the right or freedom

and the importance of the objective? Do the positive effects of the

law outweigh the negative effects of the infringement?

Question 4 - If not, what remedy can be applied under s. 24 of the Charter?