What are the implications of the Attorney General’s position on constitutional pronouncements?
British Columbia, Canada
The following excerpt is from R. v Chen, 2021 BCSC 697 (CanLII):
Counsel for the Attorney General begins with the general assertion that as a matter of “accepted constitutional doctrine” courts should refrain from making constitutional pronouncements when it is unnecessary for the disposition of a case: Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 at paras. 6–13.
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