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POLI 101 (223)
Lecture

POLI 101 - Nov 16.docx

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Department
Political Science
Course
POLI 101
Professor
Gerald Baier
Semester
Fall

Description
POLI 101 – Charter of Rights Modern Bill of Rights - Charter Rights are not unlimited - Section 33 – notwithstanding clause - Section 1 – reasonable limits clause Reasonable Limits - Uniquely Canadian approach to rights - Democratic limits can be placed on any rights - Some cause for concern among rights advocates Section 1 Limits - reasonable limits by law as can be demonstrably justified in a free and democratic society - courts can permit exceptions How to Limit Rights - Rights claims two-staged 1) Violation Test 2) Reasonable Limits Test R v Oakes - Arrested for drug possession - Reverse onus for trafficking charges - Claimed a violation of Section 11 (d) - Presumed guilty of trafficking - That was a rights violation (the reverse onus
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