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R v. Oakes pg. 39
Question One Oakes was charged with the unlawful possession of a narcotic for the purpose of trafficking.
Question Two
Once the Crown proved that Oakes had drugs in his possession, the burden of proof switched to Oakes to prove that he did not have the drugs for the purpose of trafficking. Oakes argued that when this burden of proof switched to him, he was denied his right under section 11(d) of the Charter to be presumed innocent until proven guilty.
Question Four
Chief Justice Dickson commented: Mr. Oakes is compelled by section 8 to prove he is not guilty of the offence of trafficking. He is thus denied his right to be presumed innocent and subjected to the potential penalty of
Question Four
life imprisonment unless he can rebut the presumption. Given the fact that an accused can face a prison sentence, it is important that the Crown face the heavy burden of proof that the accused committed the crime. Student responses will vary about the reasons Canadian society values the presumption of innocence so highly.
Before 1982, Canada had the Canadian Bill of Rights. Although it was a step in the right direction, the Bill of Rights did not protect people completely. Under the Bill of Rights, a person could challenge another piece of legislature, however nothing prevented government officials from amending, appealing or simply overriding the bill. Also, no new legislation (before 1982) had to follow this bill, protecting the rights of those involved.
Enter Charter
The Canadian Charter of Rights and Freedoms was introduced to Canadian law in 1982 under the reign of Prime Minister of Pierre Elliot Trudeau. As a part of Canadas new formal Constitution, every law in the country, past, present or future, had to conform to the provisions in the Charter.
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
2.
Everyone has the following fundamental freedoms: a. freedom of conscience and religion b. freedom of though, belief, opinion and expression, including freedom of the press and other media of communication c. freedom of peaceful assembly; and d. freedom of association
Democratic Rights
3.
Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Translation: Everyone over a certain age can both vote and run for government.
4.
There shall be a sitting of Parliament and each legislature at least once every twelve months
Translation: The government must sit in the House of Commons at least once a year.
Mobility Rights
6(1). Every citizen of Canada has the right to enter, remain in and leave Canada. 6(2). Every citizen of Canada and every persons who has the status of a permanent residence of Canada has the right: a. to move and take up residence in any province; and b. to pursue the gaining of a livelihood in any province.
Answers
That he or she sincerely believes in the practice or belief that has a connection with religion That his or her ability with the practice or religious belief is being interfered with, and the interference is not trivial
Question 2
The Qubec Superior Court ruled that Multani be allowed to wear the kirpan to school as long as it was wrapped in cloth and a wooden sheath and concealed under his clothes. School offi cials would be allowed to conduct reasonable inspections to ensure that conditions were being followed. If conditions were not followed, Multani would lose the right to wear the kirpan.
Question 3
The Qubec Court of Appeal ruled against Multani, holding that while his right to freedom of religion was being infringed, it was not possible to accommodate Mr. Multani without compromising the schools security rules. They upheld the ban on kirpans.
Question 4
The Supreme Court commented in its decision that accommodating Multani and allowing him to wear his kirpan under certain conditions demonstrates the importance that our society places on protecting freedom of religion and showing respect to minority cultures. Students will discuss the value of religious freedom and how it is weighed against safety concerns.
Question 4- Cont
Some students may argue that religious freedom is paramount in showing respect and tolerance for all cultures. Others may argue hat safety should be the utmost concern in a school environment.