Section 1 of the Charter can be used to override charter rights, if the good of the larger society is more important than the individual right and freedom.
BUT there are tests that must be passed, in order to allow an over-ride.
At trial January 11-12 (2010) it suddenly dawned on me that the Prosecutor and Judge in my case are heading toward a Section 1 override of my Charter Right to privacy of personal information. Yikes! I am in over my head. I don’t know how to defend against an override.
I do not have the luxery of making any mistakes. There is too much on the line, for all Canadians. Should it come about that I lose the case, I will be appealing. I do not expect to lose, however, the situation is dicey at the moment (January 12, 2010).
I ran out the door of the Court House, straight to the lawyer, Steve Seiferling. Please take over the case; on my own I am going to lose it! And that charming, talented boy said “yes”.
And that has made all the difference. The tables are turned.
THE OAKES TEST TO OVERRIDE CHARTER RIGHTS. (The Government cannot meet the test.)