What is the test for determining whether a judge erred when she concluded that s. 9 and s. 14 are mandatory and not mandatory?
Manitoba, Canada
The following excerpt is from B.W. v. Child and Family All Nations Coordinated Response Network, 2009 MBCA 95 (CanLII):
50 The first question that must be addressed is whether the judge erred when she concluded that s. 9 and s. 14 are mandatory and not directory. The parties appropriately agree that, as a matter of statutory interpretation, it is a question of law and that the standard of review is correctness. See Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235.
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