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Week 5 Lecture 1 .pdf - Week 5 Lecture 1 BC Motor Vehicle...

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Week 5 Lecture 1 BC Motor Vehicle and the Oakes TestTextbook:019-02-15/1/9781552389911#page=661Midterm Review:-No class Thursday-Online - quizzes tool-Can begin anytime between 2:30 and 5:30 P.M. FEB 10th-90 minutes once you start-Content:-textbook/online readings + lectures-Emphasis on overlap: what covered in both-Only up to + including Feb 8th (tuesday)-Format:-30 multiple choices (1 mark each)-2 short answers (2-3 paragraphs) (5 marks each)Todays Lecture:-BC Motor Vehicle Act: Framers’ Intent vs. Living Tree-R v. Oakes - the “oakes test”Questions:1.What does the “living tree” approach mean for judicial discretion?2.Why did the SCC give framers’ intent “minimal weight”?3.What are the steps in the Oakes test?The Charter Two Step1.Does the law violate the right in question?
2.Does the violation constitute areasonable limit?
b.If no, law is struck downMany confuse the two step with the Oakes test -Two different things *** remember formidtermRe BC Motor Vehicle Act (1985)*-Policy Issue: Relatively unimportant-Driving w/ suspended licence: absolute liability-Does absolute liability provision violatePrinciples of fundamental justice?-Procedural orsubstantive-Strayer Testimony?-Minimal Weight-Nearly impossible to identify intent-Charter aliving tree-Freed Charter from Framers’ intent-Even though only 4-5 years earlier-Courts can readnew meaninginto sections-Living tree: Historical materials must not “stunt its growth”-Absolute liability provisionstruck down-Section 1: Barely mentioned-pre-OakesCharter two step in Framers’ case:1.Does the law violate the right in question?a.If no, stop - law isconstitutionalb.If yes, step two2.Does the violation constitute areasonable limit?

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Term
Fall
Professor
Beukian
Tags
Canadian Charter of Rights and Freedoms, oakes test, David Oakes

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