R. v. Oakes

Question 1

what is R. v. Oakes about?

Answer 1

when a LIMIT is REASONABLE and DEMONSTRABLY JUSTIFIED.

Question 2

what happened with Oakes?

Answer 2

charged for POSSESSION of drugs (and money) for the PURPOSE OF TRAFFICKING. burden was on HIM-REVERSE OWNUS-to prove he was not trafficking, contrary to SECTION 11(d) of the charter (innocent until proven guilty)

Question 3

what section of the NCA was Oakes charged with?

Answer 3

section 4(2) of the narcotics control act. section 8 put REVERSE OWNUS on him

Question 4

what is reverse ownus?

Answer 4

when the BURDEN of PROOF is on the ACCUSED (rather than the prosecution)

Question 5

why did section 8 of the NCA impose a reverse ownus?

Answer 5

to achieve PARLIAMENT’S GOAL of CURBING DRUG TRAFFICKING. by assuming, it is EASIER TO CONVICT

Question 6

how does section 8 of the NCA conflict with section 11(d) of the CRF?

Answer 6

CRF gives you the right to be PRESUMED INNOCENT. NCA PRESUMES GUILT

Question 7

what is the “golden thread” of English criminal law?

Answer 7

the PROSECUTION must PROVE GUILT (no exceptions)

Question 8

what part of the Oakes Test did the NCA fail?

Answer 8

section B (ask jaya for details)

Question 9

what are the two parts of the Oakes Test (A and B)?

Answer 9

SUFFICIENT IMPORTANCE (pressing or substantial? purpose to maintain free and democratic society?)

PROPORTIONALITY (are the means/ methods reasonable and demonstrably justified?)