R v Oakes the Granddaddy of ‘Proportionality’ Human Rights Blogs #50Cases My Notes on How the Oakes Test was built up

The Defendant skillfully put a Case for his rights to be examined with regard to Reverse Onus of Proof Lawyerly? I have noticed a lot of Defendants are unable to make their Case well based on the ECHR. This one clearly nailed it on the head.
He was found NOT to be guilty of drug trafficking by the Judges.
The Law states it falls on the Defendant to make the Case that the Judge has been unjust. Does this presume too high a level of legal skill on of the Defendants?


My Observations

Case Management on the Case was flawless in its systematic attention to detail.
Cases used include UK Cases.
Canadas Charter is a great Document that acts as the Legal Backdrop to their system.
Canadian Bill of Rights Jurisprudence.page 20 of 43.shall be used as determinative of this Appeal.
J Laskin Rational connection test
Canadian Bill of Rights Jurisprudence deemed not binding on interpretation of the Charter.
Canadian Charter Jurisprudence. Presumption of innocence (11)d Judges Barristers determine which Jurisprudence even if obvious is applicable in this Case.
Canadian Charter Jurisprudence a rich source of answering the questions of the Case described as ‘comprehensive and persuasive’by the Judges.
Section 8 violates Narcotic Control Act via Canadian Charter Jurisprudence, lists no of Cases page 126 of the document.
Unless can be proved by Section 1 of the Canadian Charter. Presumption of innocence cannot be proved. KEY CRIMINAL PROCEDURE DOCTRINES.
Nova Scotia Supreme Court unconstitutional violation of Section (11)d.
Reasonableness Test concurring in result.
There seems to be a jurisprudential consensus across all Canadas Supreme Courts to back up violations of (11)d in Case Law being repeated across the country to qaulify for it’s title as THE OAKES TEST.
United States Jurisprudence (!!)
How important it is to have the Laws of all relevant countries on your Ipad.
A scrupulous and detailed attention to detail in analysing the respective Jurisprudences of the respective countries that apply: Canada, USA,UK European Convention of Human Rights.
European Court of Human Rights ECHR provides a consideration of the Reverse Onus Provisions**
Article 6.
STATUTORY Reverse Onus Provision
And I presume Case Law based Reverse Onus Provision?
Exhaustive Analysis of the relevant Jurisprudence by relevant Jurisdiction.
Parliamentary intention..NCA.
Procedural Matters
List of Cases used.
List of Legislation and Statutes used.
List of sources used.

Legal Doctrines used
Beyond Reasonable Doubt
The Legal Defendant has to prove on the balance of Probabilities**
Basic Fact of Drug Possession has to be proved.
Mandatory presumption of the Law that
The Presumption of Innocence.
Evidentary Burden or on accused to prove innocence.
The burden of guilt falls to the Crown to prove and not the Defendant thus not offending the Presumption of Innocence.

Case Construction

Facts of the Case
Points of Law

This Interpretation of the Law backed by THIS AMOUNT OF CASE LAW and Statutory Law  in terms of applicability.

Using the above is how I reckon the Oakes Test was constructed. My twopence.


R v Oakes has proved to be a massive Legal Education in a Case and is Case No 1 on my #50Cases #HumanRights Submission where it doesn’t matter if it’s late, only that I try to make an effort to answer the Question to the best of my ability.







This entry was posted in Article 6 Right to a Fair Trial, barrister, barristers, Burden of Proof Doctrine, Canadian Charter of Human Rights, Case Reading Journal, Crime, criminal defence lawyers, ECHR, Evidence, Evidence the Law of Evidence and Police Investigation and gathering of Evidence, Human Rights, Human Rights Act 1998, Human Rights ECHR et al, Informal Legal Education, Judgments, Juristictions, Justice, Law Apps, Law School, Law Student, Law Students, Law Students Law School, Learning to read like a Lawyer in order to become a Lawyer, LEGISLATION, NON LAWYERS, QC'S, reading, Reverse onus of Proof Provisions, Save UK Justice Campaign, Self Learning, The Rule of Law Eqaulity of Access to the Courts and tagged , , , , , , . Bookmark the permalink.

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