Can para. 392 of the Criminal Code per se create a cause of action capable of supporting its claim?
Saskatchewan, Canada
The following excerpt is from Cherkewich Yost & Heffernan Law Office v. Green Lake (Northern Village), 2000 SKQB 306 (CanLII):
Based solely on Saskatchewan Wheat Pool v. Canada, I reject the plaintiff's submission that s. 392 of the Criminal Code per se creates a cause of action capable of supporting its claim. In the absence of any submission by the plaintiff that para. 17 founds an alternative course of action, I need not speculate whether it could. Accordingly, para. 17 will be struck on the basis that it is not based on a recognized cause of action.
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