What is the test for reviewing a decision of a motions judge's interpretation of s. 24(5) of the Criminal Code Act?
Ontario, Canada
The following excerpt is from York Condominium Corporation No. 382 v. Jay-M Holdings Limited, 2007 ONCA 49 (CanLII):
The interpretation of s. 24(5) of the Act is a question of law and thus review of the motions judge's decision is on a standard of correctness. See: Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235, [2002] S.C.J. No. 31, at para. 8. E. The Modern Approach to Statutory Interpretation
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