Canada. Canadian Charter of Rights and Freedoms; Constitutional law--Interpretation and construction; Canada
The author argues that there is a close relationship between the scope of the rights guaranteed by the Charter and the standard of justification required under section 1. The broader the scope of a right, the more relaxed the standard of justification must be. A generous interpretation of a right is incompatible with the stringent Oakes standard of justification. However, a purposive interpretation of a right, confining the right to conduct that is worthy of constitutional protection, is compatible with a stringent standard of justification.
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Hogg, Peter W..
"Interpreting the Charter of Rights: Generosity and Justification."
Osgoode Hall Law Journal