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Tag Archives: Reverse onus

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Criminal Law: the Process

Law & PoliticsBy William Anderson (Schoolworkhelper Editorial Team)May 24, 2010Leave a comment

We know when a crime exists (actus reus and mens rea), so what happens after a crime has been committed? THE LEVELS OF POLICE IN CANADA Federal – RCMP – responsible for all federal law under the Criminal Code and federal regulations Provincial Police Municipal Police Aboriginal Police DETERMINE THE PARTIES INVOLVED The perpetrator (the…

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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