LS202 Study Guide - Final Guide: Actus Reus, Alternative Dispute Resolution, Self-Defense
2 Apr 2013
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Taking reasonable steps to make sure what has happened was legal i. e. selling cigarettes/alcohol to minors. 3 elements: accomplish only what is stated in the issue must not be arbitrary or unfair, should impair rights as little as possible, proportionate effect between measure/effect. R v. oaks [1986] possession of prohibited drugs. Section 21 assisting the principle (equally culpable) Inconsistency strike down the law, sever the law, reading down the law, reading in the law. Section 11 protection of rights against unlawful search (warrant needed: requires reasonable & plausible cause to search and seize (ultimate invasion of privacy, special circumstances for drugs. Obtaining evidence: shouldn"t cause any disrepute to justice. Right to be informed of the offense once held by the authorities. Peace officer can be mayor, justice of peace, police officers, bailiff, etc. Must have reasonable cause to make an arrest (habeas corpus) Section 10 right to obtain counsel (promptly informer) without delay.
