What is the test for reinstatement of a criminal conviction under Section 30(1)(e) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from Greene v. McGuire, 683 F.2d 32 (2nd Cir. 1982):

The circumstances that led to the application of subsection 30(1)(e) no longer exist. It is inherently unfair to preclude even the possibility of plaintiffs' ever regaining their former positions.... While plaintiffs' forfeiture of office was justified upon their felony convictions, once the convictions were reversed, further deprivation can only be based on proof that plaintiffs are guilty of misconduct serious enough to bar reinstatement to their former positions....

Greene v. McGuire, 517 F.Supp. 1330, 1333 (S.D.N.Y.1981).

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