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case notes for 1st year law and society.docx

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York University
Social Science
SOSC 1375
Olena Kobzar

Clara Ford early 30smulattoseamstressunmarried clara ford shot and killed frank westwood 18 years old from a well to do white family fb blackie Johnstonclara fords lawyer bb oslerthe prosecutor social normscertain ideas of what it means to be a woman stupider than men R v Oakes 1986David Edwin Oakes found with 8 x 1 gram vials of hash oil and 600 in cash Reverse Onus Mr Oakes had to prove that he wasnt a drug dealer Defence Sec 8 Presumption of innocence Prosecution Sec 1 Reasonable limit Prescribe by lawlimitation must be part of law The objective of the law must be pressing and substantial Proportionality Rational connection absent in this case Minimal impairment many Sec 1 arguments fail to meet this Proportionality balancing the negative effect of limitation with positive effects of the law on society The Oakes Test is used every time a Charter violation is deliberated in Courts
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