SOSC 1375 Lecture Notes - Lecture 8: Omar Khadr, Hash Oil, Publication Ban
13 Sep 2016
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David edwin oakes was found with 8 x 1 grams vials of hash oil and + cash: he was assumed to be a drug dealer because no one would carry that much cash. Reverse onus - the proof was put on oakes to prove that he wasn"t a drug dealer: this contravened the presumption of innocence - see below. He used the defence of s. 8 of presumption of innocence and argued that this section was violated. The prosecutor then used s. 1 of reasonable limit. The oakes test (!!!: 1) prescribed by law - the limitation must be part of the law. Must be written down - did the government have this law: 2) the objective of the law must be pressing and substantial. The government can do certain things if it"s substantial enough to limit something - reasonable ex; driving age - 12 year olds will kill everyone: 3) proportionality, rational connection (absent in r. v. oakes)
