CMN 3105 Lecture Notes - Lecture 3: Narcotic Control Act, Reverse Onus, Publication Ban

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Lecture 3: reverse onus clause & the oakes test. Freedom of expression, freedom of the press. Every legal right has a corresponding obligation. I. e. freedom of expression: obligation is not to trench upon the rights of others as you engage in this expression. *next week: ethical problems of pressing and substantial social concern because the dramatic underreporting of sexual assault constituted. Oakes test: the mechanism by which the state can save a piece of legislation that has been determined to infringe an individual"s freedoms. In place to give the state the opportunity save the impugned (impugn: to challenge it"s integrity) legislation. Rules governing publication bans were developed by the courts. Once we understand how a publication ban works then you can assess the ethical impacts of issuing a publication ban. Problem: the idea of reasonable is completely subjective. When trying to run a society, issues of meaning come into play. Sets out that the following rights and freedoms are guaranteed.

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