CRIM 330 Lecture Notes - Lecture 2: Reverse Onus, Detection Dog, Writ Of Assistance
9 Apr 2020
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Limits on criminal law: charter (used when your rights have been violated) S. 52 (1): any law that is inconsistent with the charter is of no force/effect. Ex: bring a charter challenge to a law that authorize a violation over your rights, this use. States that parliament that can enact a law that violates your charter rights as so. S. 1: charter guarantees are subject to "reasonable limits prescribed by law as can be in a free and democratic society" Oakes test pressing & substantial objective, connection to objective, minimal. Law that violates charter rights can still be operative if 1) oakes test - pr objective. If there is , 2) law has to be minimal interference w charter rights objective to that objective. Oakes issue - reverse onus - if crown proved that you were in possession the accused to prove that he doesn"t have it. Accused southam wanted to strike down the law.
