SOSC 1375 : case notes for 1st year law and society.docx
12 Dec 2013
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Early 30"s + mulatto + seamstress + unmarried. Clara ford shot and killed frank westwood (18 years old, from a well to do white family) Social norms certain ideas of what it means to be a woman (stupider than men: v. oakes (1986) David edwin oakes found with 8 x 1 gram vials of hash oil and in cash. Reverse onus: mr. oakes had to prove that he wasn"t a drug dealer. Prescribe by law limitation must be part of law. The objective of the law must be pressing and substantial. 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. On jan. 29th, 2010 the supreme court of canada ruled that the government is not required to request the return of omar khadr to canada. Khadr had the right not to be deprived of liberty (sec.
