How has the Attorney-General argued that section 94(2) of the Canadian Charter of Rights and Freedoms?
British Columbia, Canada
The following excerpt is from Reference re Section 94(2) of the Motor Vehicle Act, 1983 CanLII 268 (BC CA):
The Attorney-General contended that s. 94(2) which deals with a public welfare offence, was consistent with the Canadian Charter of Rights and Freedoms. This submission was based on the proposition that the interpretation to be given to the phrase "the principles of fundamental justice" in s. 7 of the Charter was governed by decisions based upon the interpretation of the Canadian Bill of Rights. In this context reference was made to the decision in Curr v. The Queen (1972), 1972 CanLII 15 (SCC), 7 C.C.C. (2d) 181, 26 D.L.R. (3d) 603, [1972] S.C.R. 889, and to the judgments of Laskin J. (as he then was) and of Ritchie J.
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