Does the use of the word "properiary basis" in the criminal process violate the Charter of Rights and Freedoms?
British Columbia, Canada
The following excerpt is from R. v. Hurrie, 1997 CanLII 12611 (BC SC):
In my view, the criminal process provides a reasonable process for the acquisition of the evidentiary basis upon which a judge plays an integral part. The applications of these requirements at both stages do not, in my view, create an infringement in the sense of the use of that word in Regina v. O'Connor by Chief Justice Lamer, as it appears and as it has been used in terms of the exercise of fundamental rights afforded to an accused under the Charter of Rights and Freedoms.
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