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Published byBryan Farmer Modified over 6 years ago
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The Charter of Rights and Freedoms: Reasonable Limits
Section 1 Guarantee and Reasonable Limits
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Donald Butler ran a boutique in Winnipeg, Manitoba
sold and rented hard-core sexual video material and magazines, and sexual paraphernalia Police were pointed to certain material within the shop that was sold and charged Butler with section 163 of the Criminal Code Review Section 163- since he was charged the Crown must have had ample evidence that the materials in his store fell under the various definitions within 163
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Butler argued that being arrested under section 163 was a violation of his guaranteed Constitutional rights Which rights could he be defending?
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Apply the following: Does anything written in section 163 violate section 2b of the Charter? If affirmative, can it be a justifiable limit under section 1?
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Apply the Oakes Test
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