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Tag Archives: R. v. Oakes

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The Canadian Charter of Rights and Freedoms

Law & PoliticsBy William Anderson (Schoolworkhelper Editorial Team)June 18, 2010Leave a comment

Schedule B, Part I of the Constitution Act, 1982, comprises the Charter. Section 52: the Charter is a part of the Constitution which is the supreme law of Canada and all laws must comply with it. Charter can only be altered through the amending formula – substantial consensus of all the provinces and the federal…

Enforcement and Application of Charter Rights and Freedoms

Law & PoliticsBy William Anderson (Schoolworkhelper Editorial Team)May 3, 20101 Comment

R. v. Oakes, [1986] 1 S.C.R. 103 1) Reverse onus: A stipulation within the Criminal Code of Canada that shifts the “burden of proof” onto the individual to disprove evidence against them and prove their innocence. Usually, this provision concerns a shift in burden onto a defendant in either a criminal offence or “tort” case.…

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