What is the test for "in good faith in the execution of his duty"?
British Columbia, Canada
The following excerpt is from M. (M.) v. K. (K.), 1989 CanLII 2783 (BC CA):
In giving the judgment in Chaput v. Romain, 1955 CanLII 74 (SCC), [1955] S.C.R. 834, 114 C.C.C. 170, 1 D.L.R. (2d) 241 [Que.], Kellock J. dealt with the statutory phrase "in good faith in the execution of his duty". He said at p. 856: What is required in order to bring a defendant within the terms of such a statute as this is a bona fide belief in the existence of a state of facts which, had they existed, would have justified him in acting as he did. Although he did not expressly so state, the trial judge implicitly held that all the workers in this case had acted in good faith.
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