Under the pre-Charter Indian Act, Aboriginal women lost their Indian status if they married non-Aboriginal men. (Sailor Jones Media Inc.)
Therefore, to solve the problems with fundamental freedoms and minority rights, the Charter guarantees that rights in question will go to reasonable limits according to the law. The Charter was created to give people the option of more social freedom (ex. practicing religion, thoughts, beliefs, and freedom on social media, etc). There have been certain cases where the Charter has been referenced to in the Supreme Court to either defend the accused. 1986 Oakes Case where David E. Oakes was found with eight vials of cannabis and claimed to have it for his own use of pain relief. Oakes was accused of possession of drugs for the purpose of trafficking under Section 8 of the Narcotic Control Act (NCA). David Oakes took this matter to the Supreme Court because Section 8 of the NCA violated Section 11(d) of the Charter. Section 8 of the Narcotic Control Act states that “ if a person is found in possession of a drug, he is presumed to have intended to traffic in it”(Government of