Is it necessary or necessary that the precise wording of subsection 60.1(3) of the Criminal Code is referred to in the context of the meaning of the wording of section 60. 1(3)?
Canada (Federal), Canada
The following excerpt is from Sinclare v. The Queen, 1999 CanLII 101 (TCC):
In Hay v. R., [1997] 2 C.T.C. 2305, I held that it was unnecessary that the precise wording of subsection 60.1(3) be referred to, or that the subsection be expressly mentioned, provided that the court could find, by necessary implication, that the parties clearly intended subsection 60.1(3) to apply.
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