CMN 3105 Lecture Notes - Lecture 2: Linden Macintyre
15 Sep 2017
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Section 11 of ccrf: person in respect of the offence; (d) (right) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; These proceedings are to take place in an open and public space. If not, one"s rights are being infringed on. Oweness is on the state of proving someone"s guilt. Reading for next week: learning the oakes test. Burden is on accused to prove their innocence. Narcotics control act had a reverse oweness clause. Clause states that all narcotics oust presumed to be possessed for the purpose of traffic. Act was created intentionally with clause to act as a deterrent for the public. When a piece of government legislation (from any of the 3 levels of government) has been challenged as unconstitutional. Ie. challenge that a law infringes on right to freedom of expression. State has the opportunity to save the legislation.
