COMMERCE 2MA3 Lecture Notes - Lecture 4: James Keegstra, Narcotic Control Act, Reverse Onus
14 Nov 2018
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Document Summary
Balancing rights pg 134-135: all three courts that heard the oakes case ruled that s. 8 of the narcotic. Control act was unconstitutional because it violated oakes" presumption of innocence under s. 11(d). The reverse onus was a violation of the accused right to presumption of innocence. Free speech vs hate propaganda pg 137-138: jim keegstra was a high school teacher that taught the holocaust never happened and he was charged because it was prohibited wilfully promoting hatred against an identifiable group. He argued that this law violated his right to freedom of expression guaranteed in section 2 of the charter. Appointing our judges pg 146 #1-3: judicial activism is the perception that judges, rather than parliament, are making laws and imposing their personal values in their judgments. By allowing judicial activism, judges are given extraordinary power in the head of an executive that is itself the most frequent litigator (bias)
