LS202 Lecture Notes - Lecture 2: Fundamental Justice, Therapeutic Abortion
4 Feb 2016
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Section 91- federal powers, section 92, provincial powers. Offences and defenses: charter of rights and freedoms. Businesses subjected to transportation- in terms of records indicating whether you have held up safety requirements. People in jail or on parole, can listen to your phone convos. Students, prisoners, highly regulated business sectors, travellers. Warrant is required to go through peoples stuff. To prove that there"s probable grounds- reason to go in to take stuff. Don"t need warrant when imminent danger, reasonable grounds in that instance. For evidence obtained in violation of s. 8. 2: the nature of the infringement of the charter is the second part how badly was that person encroached, rights are at stake. What"s at stake if we do include evidence, what"s at stake if we don"t include evidence. In the third instance, part 3 of test: what"s in the society"s best interest. Pursue case with all evidence obtained or some of evidence obtained.
