Limits on Rights and Freedoms

The Canadian Charter of Rights and Freedoms guarantees our freedom of expression, freedom of religion, and the presumption of innocence. But are those rights absolute? In this episode, Professors Marcus Moore and Joel Bakan help us unpack R. v. Oakes, the landmark 1986 decision that fundamentally shaped how we understand the limits of Charter rights. Professor Bakan offers a unique perspective — he served as law clerk to Chief Justice Brian Dickson during the very time this decision was written. Together, they explain the four-part Oakes test, its evolution over four decades, its influence worldwide, and why Chief Justice Dickson’s constitutional definition of democracy remains profoundly relevant today.