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The Limitations clause of the Canadian Charter of Rights and Freedoms (Section 1) limits the rights of citizens and all those present in Canada or otherwise under Canadian jurisdiction as follows:
- 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. (emphasis added)
This limitation on rights has been used in the last twenty years since the Charter's adoption in 1982 to prevent a variety of conduct such as hate speech, obscenity and tobacco publicity. It can be used by the government to justify legislation that infringes upon guaranteed rights and would otherwise be invalid.
See Oakes test for the judicial analysis that is undertaken if a law is contested under this clause.
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