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Textbook: "The Foundations of Crim. Justice: The Framework"
Chapter 1: "Analysis of Crim. Case" 2013 SCC 72
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Kim Olano
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Cards (4)
What are the three principles that violate fundamental justice?
Arbitrariness
Overbreadth
Gross
Disproportionality
Arbitrariness
There is
no
connection between the
effect
and the
object
(the aim or purpose of an activity in a court proceeding) of the
law.
Overbreadth
The law goes
too
far
and interferes with some conduct that bears
no
connection
to its objective.
Gross Disproportionality
Where the effect of the law is
grossly
disproportionate to the
state's
objective.