What is the meaning of the word “affect” in the context of substantive rights?
New Brunswick, Canada
The following excerpt is from R v LeBlanc, 2019 NBQB 241 (CanLII):
It is in this sense that the amendments taken together “affect” substantive rights, without necessarily infringing those constitutional rights. I adopt the meaning of “affects” as given by defence counsel in R v. McMillan, supra: … “To affect a right does not mean that there must be a positive or negative impact. In fact, the impact on the right could be neutral, however the right would be affected where the change in the legislation impacts or alters the right”. (At para. 8)
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