Blog Post #3
by Tyler St. A on December 7, 2015 - 2:33pm
When we look at laws in a social context, this is the process of not only learning what a law is and what it does, but how it applies to specific circumstances in society. This is shown through Socio-Legal studies which "investigates legal institutes, processes, cultures, texts, experiences and outcomes" as well as the definition of a law. Law's can therefor be limited under sec. 1 of the charter to suit circumstance, as well laws must be considered in a social setting before they can be considered or passed. For example the oaks test is one method of ensuring laws apply equally to everyone in society.
"1. What is the laws Objective? Is it Pressing and substantial?
2.Is the Legislation rationally connected to the objective?
3. Does the legislation impair a charter right as little as possible?
4. Is there proportionality between the effects of the limitation and the objective sought by that limitation?"
An example of this method of applying legislation to society is freedom of expression vs. hate speech. Although the freedom of expression gives the right to express and opinion or expression, hate speech laws limit the grounds and definition of freedom of expression. The limitations conclude that when the expression targets a specific group or individual in a way that influences hate, it is no longer covered by freedom of expression and becomes a form of hate speech.