What is the ratio decidendi between a person in authority and a subjective test?
Alberta, Canada
The following excerpt is from R. v. Collins, 1975 CanLII 275 (AB QB):
In only one of those cases that I have mentioned so far can it be said that the ratio decidendi is that the test is subjective. Even in that case, Regina v. Towler, the result of the application of the subjective test was to narrow the scope of "persons in authority". In other words, the result of the application of the subjective test was to hold a person who objectively was a person in authority not to be such.
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