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Her Majesty The Queen (Appellant)

and

David Edwin Oakes (Respondent)

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1. (1982) David Oakes was charged with unlawful possession of a narcotic for the purpose of trafficking.

2. Was convicted of unlawful possession contrary to section 4(2) of the Narcotic Control Act.

3. Section 8 of the Narcotic Control Act places "reverse onus" on defendant to prove that they did not intend to traffic drugs.

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Found in possession of 8 vials of hashish oil (claimed he bought for medical use)

As well as, $619.45 cash (claimed he received from workers compensation program)

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Trial judge then found that Oakes could not sufficiently prove that he had an intention to traffic, thus he was presumed guilty of the charges against him.

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At a later appeal, the court accepted Mr. Oakes' argument that the "reverse burden of proof" was unconstitutional.

The Crown appealed to the Supreme Court. In 1986, The Supreme Court of Canada accepted the argument that section 11(d) was violated.

Court ruled just because the accused had a small quantity of narcotics, that was no reason to assume he had a reason to traffic it. (Appeal was dismissed and section 8 of N.C.A was declared unconstitutional.

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Section 11(d) of Canadian Charter of Right and Freedoms:

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Section 11(d) of Canadian Charter of Right and Freedoms:

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(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal

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(3) [Repealed, SOR/2018-147, s. 3]

(4) [Repealed, SOR/2016-230, s. 264]

"revoke or annul (a law or congressional act)."

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Supreme Court then set out a test to determine how section 1 (reasonable limits clause) should be interpreted. This test was known as the famous "Oakes Test".

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Mr. Oakes argued that it should not be his responsibility to prove himself innocent of trafficking.

The Crown attorney generally has the responsibility of proving the case against the accused (known as burden of proof).

Oakes then challenged this ruling on the basis that his legal right under s.11(d) was violated.

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Oakes Test – a test that is used every time a Charter violation is found.

It is a legal test created by the supreme court of Canada and it provides the Court with the opportunity to interpret section 1 of the Charter and how it would apply to a certain case.