Law 2101 Lecture Notes - Lecture 11: Narcotic Control Act, Reverse Onus, R V Oakes
Document Summary
(cid:862)the ca(cid:374)adia(cid:374) charter of ights a(cid:374)d freedo(cid:373)s guara(cid:374)tees the rights a(cid:374)d freedo(cid:373)s set out i(cid:374) it (cid:863: the rights that follow are rights that the parliament and the legislature guarantee that the courts will wind up enforcing. The purpose of section 1: guarantees rights, allows rights to be limited by state action, means rights are not absolute, establishes justification requirement for limits on rights. The requirements of section 1: limits must be. Prescribed by law: legal authorization to limit rights, authorization may come from legislation, regulation, common law, necessary implication arising out of law, or binding policy, limits on rights must be sufficiently specific in order to be prescribed. Demonstrably justified in a free and democratic society. 2: proportionate to the gain resulting from the law that limits the right. In r v oakes, the police caught the accused, oakes, with hashish oil and cash. They charged him with possession for trafficking under the narcotic.
