CMN 3105 Study Guide - Midterm Guide: Publication Ban, Reverse Onus, Ultra Vires

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Document Summary

The canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject only to such (1) reasonable limits (2) prescribed by law as can be (3) demonstrably justified in a free and democratic society. *the rights and freedoms are not absolute, there are limits. Subject only to indicates that the rights and freedoms can be infringed upon the state as long as the way the state infringes is by laws (reasonable limits prescribed by law) Demonstrably justify means that the state has to justify on the basis of reason, evidence, and logic that an infringement on an individual"s rights and freedoms is justified. Section 8: everyone has the right to be secure against unreasonable search and seizure. Section 11d: any persons charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.

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