What is the effect of s. 105(3) of the "deemed rejection" section of the Charter?
British Columbia, Canada
The following excerpt is from Maydak v. United States of America, 2004 BCCA 478 (CanLII):
The appellant has argued that s. 105(3), the "deemed rejection" section, is of no force and effect because it is a violation of s. 7 of the Charter. In these reasons I have found that there was no violation of the appellant's Charter rights, nor was there any breach of natural justice. In the circumstances, it is not necessary or appropriate to make any finding relating to the constitutionality of the legislation at large. As Cory J. observed in MacKay v. Manitoba, 1989 CanLII 26 (SCC), [1989] 2 S.C.R. 357 at 360: Charter decisions should not and must not be made in a factual vacuum. To attempt to do so would trivialize the Charter and inevitably result in ill-considered opinions. The presentation of facts is not, as stated by the respondent, a mere technicality; rather, it is essential to a proper consideration of Charter issues. D) Judicial interim release
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