SOSC 1375 Study Guide - Final Guide: Narcotic Control Act, Section 33 Of The Canadian Charter Of Rights And Freedoms, Narratology
3 Apr 2017
School
Department
Course
Professor
Document Summary
Charter of rights and freedoms: a product of laws and politics, canadian law must conform to the charter, democracy- courts can now strike down legislation that violates rights, Life and death right (right to die) Three categories of rights conflicts: conflict within rights (ex. Different views about equality: conflict between rights (ex. Between freedom and equality: conflict between rights and social interests (ex. S. 1 of the charter, application of reasonable limits clause. Oakes was found with 8 x 1 gram vials of hash all and in 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. Oakes argued that s. 8 of the narcotic control act. Oakes test: pressing and substantial objective (important to society, proportionality: Rational connection between the limitation and the objective of the law in question.
