What is the effect of s. 3(2) of the Criminal Code?
Alberta, Canada
The following excerpt is from Genelcan Ltd. v. Barber-Ellis of Canada Limited, 1977 CanLII 606 (AB QB):
It was urged upon me that the statement by Clement J.A. in Humfrey v. Hickey on the effect of s. 3(2) (quoted supra) was an obiter statement not binding upon me. Whether or not that is so, with respect, I agree with the statement and apply it to this case.
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