Part 1: Oakes Test

Now that you've learned about the history, importance and application of the Oakes Test, answer the following questions:

1. State, the meaning of the term "reverse onus". Why was the reverse onus in section 8 of the Narcotic Control Act found to be contrary to the Charter?
2. Describe how section 1 both guarantees and limits Charter rights?
3. Why does the government have to justify limiting - or infringing - a person's rights?
4. What happens if the government doesn't prove to the Court that its action satisfy a section 1 analysis?
5. Do you think there should ever be limits to Charter rights? Why or why not?
6. State the criteria established in R. v. Oakes to judge whether limitations on a Charter right can be justified.
7. What reason could be considered important enough to satisfy the first criterion used to justify limiting a right?
8. Does the third criterion apply to this case? Is it possible to partially limit the right to be presumed innocent? Explain.