Does s. 50 of the Constitution apply to section 48 of the constitution?
British Columbia, Canada
The following excerpt is from Canada (A.G.) v. Canadian Pacific Ltd., 2000 BCSC 933 (CanLII):
In Kruger v. The Queen, supra, it was held that s. 50 did not apply to s. 48 because s. 48 was an exception contemplated by the words “[e]xcept as in this Part otherwise provided”. Thus s. 48 is unfettered by s. 50.
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