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![]() ![]() This article argues that the principle of proportionality actually extends, and should extend, to the private sphere-imposing limitations on employers and trade unions when using their powers. Oakes decision, when the Supreme Court of Canada interpreted section 1 of the Canadian Charter of Rights and Freedoms as entailing a three-step proportionality test, proportionality has become an important pillar of Canadian law. The principle of proportionality, which is designed to limit abuse of power and infringement of human rights by governments and legislatures, has become a fundamental and binding legal principle in the jurisprudence of many countries.
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