PHILOS 1B03 Study Guide - Final Guide: George Klippert, Wolfenden Report, Narcotic Control Act
1 Sep 2016
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Entrenchment is a provision which makes certain amendments either more dif cult or impossible, i. e. , inadmissible. It may require a form of supermajority, a referendum submitted to the people, or the consent of another party. Sec 1: reasonable limitations clause: oakes charged with unlawful possession of a narcotic for purposes of traf cking, challenged the reverse onus provision of section 8 of. Narcotic control act: once possession proved, onus shifts to accused to demonstrate that possession not for purpose of traf cking, much higher penalty for traf cking. To defend: a form of constitutional democracy that includes dialogic judicial review, version of weak constitutional review. Section 8 violates presumption of innocence (charter, sec. 11 (d): any person charged with an offence has the right (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.
