The essay looks at how the proportionality test, which was first developed by the Supreme Court of Canada in the case of R. v. Oakes, has been applied in recent case law from Canadian provincial courts during the health emergency. Among other things, it focuses on the peculiar relationship between the standard of proportionality and the precautionary principle.
The Oakes test in a unique context. Rights limitations in Canada in times of emergency / Falorni. - ELETTRONICO. - (2026), pp. 0-0.
The Oakes test in a unique context. Rights limitations in Canada in times of emergency
Falorni
2026
Abstract
The essay looks at how the proportionality test, which was first developed by the Supreme Court of Canada in the case of R. v. Oakes, has been applied in recent case law from Canadian provincial courts during the health emergency. Among other things, it focuses on the peculiar relationship between the standard of proportionality and the precautionary principle.
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FALORNI F.-The Oakes Test in a Unique Context. Rights Limitations in Canada in Times of Emergency.pdf
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