What must be proven when limiting a charter right according to Canadian law?

In Canadian law, when a charter right is to be limited, it must be demonstrated that the limitation is justified in a manner that is reasonable and proportionate to the goals of the legislation or action taken. This requirement is articulated in Section 1 of the Canadian Charter of Rights and Freedoms, which specifies that rights and freedoms can be subject to reasonable limits "demonstrably justified in a free and democratic society."

This means that any restriction on a charter right must be shown to serve a pressing and substantial objective. Additionally, there needs to be a rational connection between the limitation and the objective, indicating that the measure is necessary for achieving it. This framework ensures that limitations are not arbitrary but grounded in a legitimate purpose that benefits society as a whole.

The concept of 'demonstrably justified' emphasizes the need for a careful balance between individual rights and the greater good, fostering a legal environment where rights are respected, but also acknowledging that in some instances, those rights may need to be limited for legitimate societal objectives.