J. Clarke was convicted of sexual assaults involving children. After serving a short jail sentence, he was prohibited from loitering near any playgrounds, school yards or public parks. This prohibition was made subject to a special provision of the Criminal Code. On two occasions, Clarke was stopped by police who noticed him carrying a camera with a telephoto lens in a public park; he was near a place where children were playing. Police asked if he had a criminal record; he replied honestly. On the first occasion, he was warned that a convicted sex offender was not permitted to loiter near a public park, school yard or playground. On the second occasion, he was arrested and criminally charged. At his new trial, Clarke argued that the Criminal Code provision allowing for the prohibition against loitering near any playgrounds, school yards or public parks infringed his right to liberty under section 7 of the Charter, because it included too broad a range of places that he could no longer visit. Question Assume that the court agrees that Clarke has presented a prima facie violation of section 7 of the Charter. What happens next? Explain the legal questions that must be answered. Describe the arguments that both Clarke and the Crown Prosecutor would likely make in relation to those legal questions. What Awaits you: On-time delivery guarantee Masters and PhD-level writers Automatic plagiarism check 100% Privacy and Confidentiality High Quality custom-written papers
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