Philosophy 2080 Lecture Notes - Lecture 6: Ibm Officevision, Southern California Earthquake Center, Passive Smoking
20 Apr 2016
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Drug lord called big m-in the 1980s when shopping on sundays was not permitted- Analytical test saying when rights can be reasonable limited-test is based on a balance of probablitites. Oakes is someone carrying a small amount of weed for personal use-it is only enough to roll a couple cigs. Even if it is one cig, you are to prove that you were not going to traffic-being charged with possession and trafficking. Not innocent on trafficking, the onus is that you have to prove you were going to traffic. Supreme court dealing with section 1 issues when dealing with rights and freedoms. 2a) proportionality test-is the law rationally designed to achieve its objective-is using reverse onus rationally designed to achieve the objective of weed laws which are intended to prevent trafficking. 2b) when you do limit someone"s rights and freedoms, you can limit them but as little as possible-must be minimal limitations on freedom.
