If the statute does not apply on the facts, does the decision maker have to consider the constitutional question?
British Columbia, Canada
The following excerpt is from Brown Bros. Motor Lease Canada Ltd. v. Workers’ Compensation Appeal Tribunal, 2022 BCCA 20 (CanLII):
If the statute does not apply on the facts, the decision maker does not go on to consider the constitutional question. This is consistent with the principle of restraint in constitutional cases: Phillips v. Nova Scotia (Commission of Inquiry into Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 at 112–113.
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