Court ask a different question can the violation be justified in a free and democratic society. Lecture 8 (cid:858)o(cid:271)iter di(cid:272)ta(cid:859) its not relevant to the case in hand. One of the reason the canadian charter is popular very pragmatic section section one recognizes that even if someone rights have been violated they could be justified. Mandal raising individuals rights above collective rights. Were very careful want to wait before deciding how things work out courts finally ready to have a test for section 1. Needed to articulate a test that would not make people think that courts are just making things as they go, but something people can work with. Police get a tip they do not find much. How do they deal with it government passed a law on drug use. Onus = burden reverse onus a person has to prove they were not guilty more than they are guilty.