Page 200 - Magistrates Conference 2019
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⚫ At his trial in the Ontario Court of Justice, Oakes led no evidence. Nonetheless, he was convicted of
possession only. The trial judge held that s 8 was unconstitutional because it violated an accused’s
right to be presumed innocent until proven guilty under s11(d) of The Canadian Charter of Rights and
Freedoms. The Ontario Court of Appeal dismissed the Crown’s appeal.
⚫ The Crown’s further appeal to this Court raises these two important issues:
⚫ 1 Does s 8 violate the presumption of innocence guaranteed by s 11(d) of The Charter?
⚫ 2 If it does, should s 8 be upheld as a reasonable limit under s 1 of The Charter?
