| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
charter |
|
|
Summary:
It is argued that the penalty provisions in s.47 are such that the rights of the claimant to a presumption of innocence and to a trial thereon under para. 11(d) of the Charter are breached. Argument dismissed.
| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
proof |
need for an explanation |
|
Summary:
The principle applicable may be called the "smoking gun" principle. The test is whether on that evidence, without claimant offering a reasonable explanation, there would be enough of a case to charge a jury. This is not shifting the burden of proof but weighing the evidence.
