Citing Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), 2004 SCC 4, West Coast LEAF submits that construing terms by reference to the evidence and submissions is a common and accepted function of courts in interpreting criminal law. In that case, for instance, McLachlin C.J.C. turned to the evidence in determining the meaning of “reasonable in the circumstances” in the context of s. 43 of the Criminal Code, which permits corrective measures when disciplining children.
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