WDW101Y1 Lecture : Lecture 4

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Step 2: can the law be justified (saved) in a free and democratic society under s. 1 (r. v. oakes) The rational connection between the objective and the criminal conduct is often well justified and effective. Is the harm caused to whatever rights infringed well justified and not overbroad. Big vs. minimal infringement on charter right; benefit vs. harm. Step 2: if yes, does it do so in a way that is inconsistent with the principles of fundamental justice (overbreadth, vagueness, minimum requirement for mens rea etc. ) Laws that violate s. 7 cannot be saved under s. 1; therefore no s. 1 or oakes analysis. Actus reus + mens rea (physical element + mental element), (criminal act +criminal intent) Could be more than one element to the act reus. Might specify a particular consequence (might specify causation) Might specify a particular circumstance (absence of consent) Example: participating in the activities of a terrorist group.

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