What is the current state of the law on s. 46 of the Criminal Code in s.46(1) of the Rules of Justice?

Further, it would create great uncertainty for both the court and the parties, as the applicable legal test might change at any point during the proceedings. The parties might argue an entire case under s. 46, only to have the court issue an interim order prior to issuing the decision. Would the court then be required to hear further argument on the applicability of Division 6? Parties could rely on this approach to manipulate the outcome in the case either by applying for or attempting to avoid the issuance of interim orders. An interpretation that impedes the just or efficient operation of a law is also considered absurd: see Bisaillon v. Concordia University, 2006 SCC 19, paras. 94-96.