What is the test for overturning a chambers judge's finding that a section of statutory interpretation of the Statutory Interpretation of Section 5(1) of the Criminal Code applies to a person who is not a party to the legislation?
British Columbia, Canada
The following excerpt is from Federation of Law Societies of Canada v. Canada (Attorney General), 2013 BCCA 147 (CanLII):
Where the chambers judge dealt with questions of mixed fact and law, her findings should not be overturned absent palpable and overriding error, unless she, in effect, applied the wrong law: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at 257. Discussion Statutory Interpretation
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