Throwback Thursday: Obstruction of Justice

Obstruction of Justice

In 1993, a street vendor was charged with Obstructing a peace officer after he refused to follow the officer’s orders to pack up his display. Upon appealing this charge, it was determined that the appellant’s conviction for Obstructing a peace officer could not stand. This case is known as R vs. Sharma.

Throwback Thursday: Does it Pass the Oakes Test?

Does it Pass the Oakes Test?

Does it pass the Oakes test?
In section 1 of the Charter rests the limitation clause. This legally allows the government to limit a person’s charter rights, however it must be proven that this limitation is justified. This is done using the Oakes Test, which determines if the purpose of the restriction is demonstrably justifiable in a free and democratic society.
We implore all active duty officers who are enforcing current Public Health orders to do extensive research on the current “State of Emergency” and ask themselves, does the legislation I’m enforcing pass the Oakes test?
If you come to the conclusion that it does not, reach out and join our cause.