LAWS 1000 Final: Law Exam Review.doc
Document Summary
Oakes was charged with unlawful possession of a narcotic for the purpose of trafficking (hashish oil), and he challenged the validity of the constitution. The case helped to establish what came to be known as the oakes test , the criteria in section 1 of the charter that makes it clear that our rights and freedoms are subject to reasonable limits . Therefore, after applying the oakes test to the case, the court found that there could be no logical conclusion that a small amount of narcotics equates to trafficking: vs dunlap and sylvester [abetting] There was a gang rape of the complainant in an isolated area where members of a motorcycle club were having a party. The result was that mere presence at the scene of a crime is not enough to ground culpability, as something more is needed.
