Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Scenario A 23-year-old construction worker, was approached by police outside a tavern in London, Ontario. They found eight one-gram vials of hashish oil worth $150

Scenario A23-year-old construction worker, was approached by police outside a tavern in London, Ontario. They found eight one-gram vials of hashish oil worth $150 and $619.45 in cash on him. He was charged with unlawful possession of a narcotic for the purpose of trafficking, under the thenNarcotic Control Act. Under section 8 of that Act, if you were found guilty of possession of a certain amount of an illegal narcotic, you would be convicted of trafficking in that drug, unless you could prove otherwise.

The construction worker claimed that the drugs in his possession were for purely personal use to relieve his pain from a workplace accident. He said the money was from having recently cashed his worker's compensation cheque.

His lawyer took aim at the constitutionality of the reverse onus when theChartercame into effect the next year.The lawyer's' position was that the reverse onus in section 8 of theNarcotics Control Actviolated the presumption of innocence contained in section 11(d) of the newCharter.

Question Please flesh out the argument for s. 11(d) challenge and if necessary apply the s. 1 analysis of justifiable limit (20 Marks)

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Elliott And Quinns Contract Law

Authors: Frances Quinn

12th Edition

1292251409, 978-1292251400

More Books

Students also viewed these Law questions

Question

Tell me what you know about our organization and the position.

Answered: 1 week ago

Question

2. Develop a good and lasting relationship

Answered: 1 week ago

Question

1. Avoid conflicts in the relationship

Answered: 1 week ago