LS202 Lecture Notes - Lecture 4: Fundamental Justice, Absolute Liability, Toronto Pearson International Airport
3 Apr 2016
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Facts: combines investigation branch (anti competition bureau) suspects. They also declined to give more specific information as to the subject matter of the inquiry than that contained in the authorisation to search. Relevant laws: charter s. 8 everyone has the right to be secure against unreasonable search or seizure --procedural protection. Judgements: unjustified searches only prevented by requirement of prior authorisation which is a precondition for a valid search and seizure. Significance to criminal law: specific: decision established procedural protection giving rise to a warrant requirement that was nowhere articulated in the previous authority and setting the stage for an aggressive body of law protecting s. Facts: on december 17, 1981, david edwin oakes was caught [by police] with 8 vials of hashish oil outside of a tavern in london, ontario. He claimed he had purchased 10 vials of hashish oil for for his own use. Relevant laws: s. 8 of narcotics act charter ss.
