PHIL 2050 Lecture Notes - Lecture 34: Hate Speech, Determinative, Narcotic Control Act
21 Mar 2016
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All cases in which a particular federal law challenges the constitutional standard. All of the cases mentioned in this lecture, address how courts ought to decide cases where the constitution/ charter is being challenged. 103: 8 of the narcotics control act provides that a person in possession of a narcotic may be presumed to possess it for the purpose of trafficking. (federal law) Clear violations of one of our charter rights. The right to be presumed innocent until proven guilty. The test this is the purpose of the oakes test, how. Section 1 is supposed to be applied and used: the legislation"s object must aim at concerns which are pressing and substantial (b56) The law has to aims at an important objective narcotic control act. The court had no problem finding thing: proportionality of infringement to social objective. This second part of the test, requires more specifications.
