POL - Mar4

POL - Mar4 - Procedural vs. Substantive law -A duty of care...

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Procedural vs. Substantive law -A duty of care is substantive. Procedural is how to enforce those rights. -Due process: if the police arrest you, you are entitled to a trial and basic procedural rights. Natural Justice -Basic guarantees or procedural rights. Know the case against you, what the allegations are, etc… Make an address or answer to case against you, make the argument in front of an impartial and unbiased decision maker. Section 7 -Everyone has the right to life, liberty and the security of the person. Except in accordance with the law of Fundamental Justice. Fundamental justice- includes everything. Innocent until proven guilty. Oaks -Oaks charged with possession of a narcotic under Narcotics Control Act: once you are charged and convicted of possessing a narcotic, no matter what the quantity, it is presumed that you possess it with the purpose of trafficking. The onus is on the person with the drugs to prove they are not planning on trafficking. -You have the right to be presumed innocent until proven guilty… so this is the argument made in this case. The defence should not have to prove that he is innocent because it violates section 11d of the Charter of Rights and Freedoms. -Does it offend the charter? -Presumption with/without basic facts: mandatory or permissive (allowed).
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POL - Mar4 - Procedural vs. Substantive law -A duty of care...

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