LS 102 Final Exam Review

LS 102 Final Exam Review DUE DILIGENCE TEST - Taking reasonable steps to make sure what has happened was legal - i.e. selling cigarettes/alcohol to minors PROPORTIONALITY TEST - 3 elements 1. Accomplish only what is stated in the issue – must not be arbitrary or unfair 2. Should impair rights as little as possible 3. Proportionate effect between measure/effect OAKES TEST - R v. Oaks [1986]  possession of prohibited drugs - Presumption of innocence - Are you infringing the Charter of Rights? - If justified, proportionality test (to justify crime) PARTIES TO AN OFFENCE - People involved in a crime, but not the offender o Can be a corporation 1. Principle – committed the offence (mens rea & actus reus) 2. Aider – enabled someone to commit an offence  R v. Kublacki 3. Abetter – encouraged someone to commit a crime 4. Counselor – induces them to desire to commit  R v. Hamilton - Section 21 – assisting the principle (equally culpable) CHARTER OF RIGHTS AND FREEDOM - Created under the constitution - British North America (BNA) Act - Constitution act (highest rule of law) - Inconsistency  strike down the law, sever the law, reading down the law, reading in the law CRIMINAL PROCEDURE - Section 11  Protection of rights against unlawful search (warrant needed) o Requires reasonable & plausible cause to search and seize (ultimate invasion of privacy) o Special circumstances for drugs - Obtaining evidence o Shouldn’t cause any disrepute to justice - Right to be informed of the