CMN 3105 Lecture Notes - Lecture 3: Actus Reus, Publication Ban, Reverse Onus
1 Feb 2019
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Test #1 about charter, oakes & canadian newspaper. Re-victimization the acts are straightforward and through publication, she is raising awareness to what had happened and with the publication ban she had only been an anonymous voice. The complainant can want the publication ban lifted to help put a face to her in the public but also raise awareness. 2 functions of section 1 of the charter: guarantees right and freedoms set out in it lays of the exclusive justificatory criteria (no other criteria) reasonable limits, prescribed by law, demonstrably justified. In oakes case oakes is appealing the trial decision, and on the appeal he"s dealing with the civil standard of proof as opposed to his first case where it was dealing with the criminal standard of proof. In the first proceeding the crown had to prove that his offense was committed beyond a reasonable doubt but the appeal was about balance of probabilities .
