SOSC 1375 Lecture Notes - Lecture 7: Section 33 Of The Canadian Charter Of Rights And Freedoms, Narcotic Control Act, Hash Oil
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Constitution: the basic law of canada, with which other law in canada must conform. Judges cannot just go out and start making rulings on any issue that they think needs to be addressed. Rights in the charter are guaranteed, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Every single charter right can be limited by this clause. Fundamental freedoms, s. 2: freedom of conscience, religion, opinion, expression, freedom of the press, peaceful assembly and freedom of association. Has to be renewed every 5 years by a government. David edwin oakes found with 8 x 1 gram vials of hash oil and cash. Under s. 8 of the narcotic control act, if an accused was found to have been in possession of prohibited narcotics, there was a presumption that the accused intended to traffic. The accused would have to rebut this presumption.