A: Section 1 – Justified violations of rights
Section 1 of the Charter says that the rights and freedoms are “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This means that the government can take away a right or freedom where it is reasonable and justified to do so.
For example, putting someone in jail violates her right to liberty but the courts have said it is OK to do this in certain circumstance, including where she has had a fair trial that found her guilty beyond a reasonable doubt. For another example, the law that makes child pornography illegal violates a person’s freedom of expression. However, the courts and most Canadians believe protecting children is more important that protecting that kind of expression, so the courts have said this law is OK.
Any time a court finds that a law has violated a right or freedom in the Charter, it has to consider if that violation is reasonable and justified in a democracy like Canada.
Section 15(2) – Ameliorative programs
Section 15(2) of the Charter says that programs that are designed to improve situations for disadvantaged people are allowed even though they discriminate against other people. These are often called “ameliorative” programs. For example, a scholarship that is only available to people with a physical disability discriminates against people who do not have physical disabilities. The Charter allows this because people with disabilities often have greater struggles than people who don’t have disabilities.
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