LY205 Lecture Notes - Narcotic Control Act, Hashish
Document Summary
Reverse onus- underscored the right to be presumed innocent until guilty. Told them at police station that he bought 10 vials, but he only had 8 at the time of seizure. Other two vials- must"ve been used or sold. Charged- police lay an information, they would have done that on the scene when they stopped him. Possession for the purpose of trafficking- section 8 of narcotics control act. The decision: first at trial division: he was found guilty of possession of a controlled substance, crown appealed: Means the charge is of no force and effect. Unanimous decision that the laws were of no force and effect. Oakes test: charge must be of significant value. Is the offence of significant damage that it allows for a charter violation.
