Describe Topic:
R v. Oakes is the most important charter case in Canada. The main reason for it being so important is that it led to the creation of the Oakes test, but also for it being a case concerned with section 11 of the charter and the fact that David Oakes was told to prove himself innocent. The main legal conflict in the case is whether section 1 justifies the fact that he has to prove himself innocent, based on the laws applied in the case.
Main Issue to be researched further:
Was the “reverse onus” applied on David Oakes lawful under Canadian Law?
Legal Issues:
1. Is section 8 of the NCA unconstitutional?
2. Is it lawful that David Oakes has to prove himself innocent?
Brief Summary:
R. v. Oakes [1986] 1 S.C.R. 103, was a case ruled by the Supreme Court of Canada in February 2, 1986. David Oakes was
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The first is whether section 8 of the NCA was unconstitutional? The second issue is whether it was lawful that David Oakes had to prove himself innocent?
David Oakes stated that section 8 of the Narcotic Control Act provided for a shift in onus on him as he had to prove that he was not in possession for the purpose of trafficking, he claimed that the reverse onus created by the presumption of possession for purposes of trafficking violated the presumption of innocence guarantee under s.11(d) of the Charter and the fact that it infringed his right to be presumed innocent. The crown’s argument was that section 8 of the NCA is valid based on section 1 of the Canadian Charter of Rights and Freedoms, as it serves the greater good against narcotics.
The Supreme Court of Canada struck down section 8 of the NCA as it was inconsistent with section 11(d) of the Canadian Charter of Rights and Freedoms as it violated the presumption of innocence and David Oakes was acquitted of the charges laid against him. In its ruling, the Supreme Court of Canada created the Oakes test to determine how to assess whether