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Using the rational connection established in the
R.v.Oakes it would appear as if the government of Canada is trying to reduce
trafficking but if a person who did not posses or sell any narcotics is
convicted that conviction does not further that objective. In the case
R.v.Oakes the reverse onus clause was declared ultra viries and gave great
weight to the rational connection test...
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The accused, who was convicted of
possession for a small amount of narcotics, was acquitted of trafficking. If a
small amount of narcotics cannot support a conviction how can a conviction be
made where there was no narcotics?
Decision
After hearing both the Crown's and Appellant's arguments I have decided
that the trial judge was correct...
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R. V. Keilty
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