Author: Andrei Mincov

Free? Democratic? Society?: Re-examining Section 1 of the Charter

All rights and freedoms guaranteed by the Charter are subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This article explains how the courts have been using the words “free and democratic society” as a hollow feel good notion devoid of any specific meaning to substitute the analysis of what a society founded on democratic principles and made up of free individuals should be with utilitarian tests designed to achieve the greatest good for the greatest number of people at the expense of the least misery for the smallest number of people.

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