What is the test for a judge to craft an Order that balances the legitimate state against the interests of individual interests?
British Columbia, Canada
The following excerpt is from U.S.A. v. Wilson, 2002 BCSC 124 (CanLII):
The objective of the judge is to craft an Order that balances the legitimate state and individual interests at stake. See Russian Federation v. Pokidyshev, supra.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a search warrant be used to determine the balance of competing interests between the individual and the state after the search has been conducted? (British Columbia, Canada)
What is the test for a judicial balancing the interests of the state against the privacy of an individual? (British Columbia, Canada)
Does the statute requiring a judge to hear an application for a stay of an order made by the judge who made the order? (British Columbia, Canada)
Can a judge set aside an order of the judge ordering that damages be awarded in a personal injury case? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the current state of the law on leave to appeal from an order for special costs made separately from the substantive order? (British Columbia, Canada)
What is the test for balancing the relevant competing interests of privacy and public interest? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
In what circumstances will a judge order that a judgment against three individuals be paid in instalments? (British Columbia, Canada)
