What is the standard of review for a section 24(2) Charter analysis?

Alberta, Canada


The following excerpt is from R. v. Cooper, 2011 ABQB 17 (CanLII):

The Crown contends that R v. Stillman, 1997 CanLII 384 (SCC), [1997] 1 S.C.R. 607 defines the appropriate standard of review for a s. 24(2) Charter analysis at para. 68: It has been held that appellate courts should only intervene with respect to a lower court's s. 24(2) analysis when that court has made "some apparent error as to the applicable principles or rules of law" or has made an unreasonable finding

Other Questions


What is the standard of review analysis in the context of section 2(b) of the Charter, section 4(b), section 5 (b) and section 6 of the PIPA? (Alberta, Canada)
What is the standard of review in the context of standard review on mixed fact and law? (Alberta, Canada)
What is the standard of review for an appellate court reviewing a trial decision? (Alberta, Canada)
Does the 9 month delay in scheduling for a hearing on a motion for an application for Charter status constitute a Section 11(b) Charter issue? (Alberta, Canada)
What is the standard of review under appeal law and what is the scope of review? (Alberta, Canada)
What is the standard of review applied by the reviewing judge in an administrative law case? (Alberta, Canada)
What is the standard of review analysis required in every case? (Alberta, Canada)
Does the analysis of the second step of analysis for a breach of a fiduciary duty, or is it likely to be negative or negative? (Alberta, Canada)
Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
What is the standard of review for a statutory appeal? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.