What is an infringement? For example, a Charter infringement.

An infringement generally refers to a violation or breach of a law, rule, agreement, or right. When it comes to a "Charter infringement," this term specifically applies to the violation of rights and freedoms guaranteed under a charter, such as the Canadian Charter of Rights and Freedoms.

For example, if a law or action by the government unjustifiably limits freedom of expression, which is protected under the Canadian Charter, this could be considered a Charter infringement. The term "unjustifiably" is key because the Charter does allow for certain limitations on rights as long as they can be demonstrably justified in a free and democratic society, according to what is often referred to as the "reasonable limits clause" found in Section 1 of the Charter.

If a person believes that their Charter rights have been infringed, they can challenge the infringement in court. The courts will then assess whether the infringement has in fact occurred and whether it is justifiable under the Charter.

Extra: Understanding the concept of a Charter infringement is important when examining the rights of individuals in a country. For instance, the Canadian Charter of Rights and Freedoms, established in 1982, forms the first part of the Constitution Act, 1982. It guarantees fundamental freedoms, democratic rights, mobility rights, legal rights, and equality rights to all Canadian citizens. Similarly, other countries have their own charters or bills of rights that protect various freedoms and rights of their citizens.

When an infringement of these rights is claimed, it is not only looking at whether a rule or action has breached the text of the Charter. It also requires an examination of both the intent and impact of the rule or action. This process involves legal considerations such as:

1. The Oakes Test: This is named after a leading Canadian Supreme Court case (R v Oakes) and lays out a method to decide if a law that limits a Charter right can be justified. The law must have a pressing and substantial objective, and the means to achieve this must be proportional (including being rationally connected to the objective, causing minimal impairment of rights, and being proportionate in terms of effect and objective).

2. Remedies for Infringement: If a Charter infringement is not justifiable, the courts can provide remedies, which may include striking down the law, changing the effects of the law, and in some cases, awarding damages to those whose rights have been violated.

Education on Charter rights and understanding their protections is a significant aspect of civics education in countries like Canada. This knowledge empowers individuals to be aware of their legal rights and the means to uphold them, thereby fostering a law-abiding and rights-respecting society.