PHILOS 1B03 Lecture Notes - Lecture 4: Reverse Onus, Charter Of The French Language, Section 33 Of The Canadian Charter Of Rights And Freedoms
10 Dec 2015
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Philosophy judicial review and its critics 1b03 october 1st 2014. A form of constitutional democracy called dialogic judicial review. Power to invalidate, but reversible by other gov. body. Constitutional system that resists both: judicial supremacy & Section 1 (reasonable limits) & section 33 (notwithstanding clause) (2,7,15) Enables parliament to say it"s a reasonable limit as long as it is justified. Unlawful possetion of narcotic for purpose of trafficking. Once possetion proved onus shifts to accused to prove that possession not for purpose of trafficking reverse onus. Section 11 (d) any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing. Burden of proof on party seeking to uphold infringement (gov) Standard of proof: balance of probabilities, case for probably stronger than case against. Objectives of infringing law: sufficiently important societal concerns, pressing and substantial in a free and democratic society.
