The Task:

Your a Judge in the Court of Appeals in Ontario and have been asked to determine whether or not the following infringements are covered under s. 1 of the Charter. To complete please apply the steps of the Oakes Test. Fill in the information on the accompanying Chart and answer the final prompt.

Step 1: Is to Please read the situation

1. "In order to stop the spread of COVID the Government of Canada has implemented a law that says you cannot travel more than 100 km from your home. This applies to all people in Canada. The only exception is if the travel is mandatory for your employment or to reach basic necessities (like a grocery store). They have said that the reason is to limit spread across regional boundaries as a result of the surging case numbers and overburdened health care system. This order will be in place for the next month but can be extended indefinitely. In addition to this section of the new law, there are also increased powers for police to check the ID of anyone to determine whether or not they are within 100km of their address. Finally, attached to this bill was a section that enforced wearing masks in public until COVID is under control, the health system is back to normal functioning, or we have achieved herd immunity."

Step 2: Than Conduct some research/ think it over

• Think about the details. Is this worth it? Does this help? Is there any evidence on either side?
• Research: Are there statistics that will back up these claims?
• Research: Are there comparable laws already in place?

Step 3: Please Run the Oakes Test

• Please fill in the organizer provided with all the information relevant to that step.
• IMPORTANT: For this assume the infringement IS already prescribed by law. Also, for this activity please run EVERY step of the Oakes Test. Do not stop halfway through.

Hopeful Criteria:

• Proofread and edited so the language, grammar, and wording flows well.
• Information is placed in the appropriate step
• Decisions are explained and thought process is obvious
• Research, outside sources, and stats are used when possible
• Clear connections to the Charter and how it is applied

Worksheet:

1) Intro paragraph: Please In this section I would like u to please make a good structured paragraph (intro, body, conclusion) that explains what (if any) sections of the Charter this new law violates. You dont have to explain if you believe it to be justified or not, just tell me what is being violated.

2) Run the Oakes Test. In this section you can pull in your support info. Make sure that you put the information in the proper steps.

Step of the Oakes test	Reasons
Is the infringement prescribed by law?	Yes, the law is prescribed (it already exists)
Is the purpose of the law pressing and substantial?
Is the law rationally connected to its purpose?
Does the law minimally impair the infringed right?
Do the positive effects of the law outweigh the negative effects of the infringement?
Is the infringement justified?

Remedy:Assume that you find that the infringement is not justified under s. 1 of the Charter. What remedy would you recommend and why? (How would you change it to make it reasonable?) Ex: reading down, partial invalidity, striking down, etc. (pages 6-7 of Charter sheet).