POLS 3136 Lecture Notes - Lecture 8: Regulatory Offence, Junk Science, Scientific Community
2 Nov 2016
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Section 7 rights can be limited if those limitations are in compliance with principles of fundamental justice: which for a time meant fairness . Also invalidates laws which are overly vague, or are grossly disproportionate to their objectives. Overly vague laws cannot be saved by s. 1. If there is a violation of 7, and that violation does not comply with the principles of fundamental justice, there is no s. 1 analysis. Today"s topic is moral fault, mens rea component, common law principle that government needs to prove that crime happened, but also you"re morally worthy of blame. The government can establish some level of intent: more serious the crime, greater the onus to prove specific intention. To begin with, fundamental justice needs to be defined: principles of fundamental justice: Scc held these principles are indeterminate, meaning without a definitive meaning. Little agreement to what those basic tenants are. Principles of fundamental justice must be acceptable to all people.
