You are a judge. You have been asked to write a decision in the following matter by applying the Oakes case to the facts. In writing your judgment, explain the purpose of section 1 and the role it plays in the Canadian Charter of Rights and Freedoms.

Toronto recently passed a by-law prohibiting the owners of nightclubs from playing loud music past 9 pm within 100 meters of any neighborhood that is zoned residential. The nightclub owners challenged the by-law in court arguing that it was unconstitutional.

You agree that the club owners' freedom of expression rights have been infringed under section 2(b) of the Canadian Charter of Rights and Freedoms. Using the test developed in the Oakes case, 

Section 1 of the Charter provides:
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Write a decision as to whether the by-law can be upheld as a reasonable limit under section 1 of the Charter.

Answer rating: 100% (QA)

Section 1 of the Canadian Charter of Rights and Freedoms is commonly known as the reasonable limits clause or limitations clause This section plays a crucial role in the interpretation of the Charter ... View the full answer