Court and Tribunal Administration CTA323 Lecture Notes - Lecture 6: Indictable Offence, Police Misconduct, Arms Trafficking
16 Sep 2016
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Document Summary
Oakes tests - s. 1 two parts of the test: objective of the law. Must be substantial or great enough override a constitutional right ex; child pronagraphy. You can argue it"s against the freedom of expression but our concern here is the safety of the children. However, this is too much as it"ll include parents, who will obviously see their child unclothed: proportionality the more objective, the more severe the punishment may be. While the objective is important, how important is it? ex; if you don"t file your taxes on time, we"ll jail you that"s a severe measure: the means of trying to achieve the objective, that"s out of proportionality. Purposes and principles of sentencing: 718 of the c. c. Principles o fundamental principle: proportionality (s. 718,1) has to be proportional to the gravity of the offence ex; the more serious the offence, the more serious sentence: mitigating circumstances.
