Can a complaint be dismissed under section 27(1)(b) of the Criminal Code?
British Columbia, Canada
The following excerpt is from Naidu v. Art In Motion, 2008 BCHRT 108 (CanLII):
Complaints may be dismissed under s. 27(1)(b) if the acts as alleged in the complaint would not contravene the Code. Determinations under this section are made on the basis of the allegations outlined on the face of the complaint, without reference to any alternative explanation or evidence which the respondents may put forward. (Bailey v. B.C. (Min. of Attorney General) (No. 2), 2006 BCHRT 168, at para. 12)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 25 of the Criminal Code provide a defence to both civil and criminal liability if the force was justified within the meaning of that section? (British Columbia, Canada)
Can a complaint be dismissed pursuant to section 27(1)(d)(ii) of the Criminal Code? (British Columbia, Canada)
What is the test for dismissing a complaint under s. 27(1)(b) of the BC Criminal Code? (British Columbia, Canada)
What is the test for dismissing a complaint under s. 27(1)(b) of the Criminal Code? (British Columbia, Canada)
When will a section of the Criminal Code be dismissed for want of prosecution? (British Columbia, Canada)
What is the effect of s. 52(1) of the Criminal Code of Canada's Criminal Code when a court issues a declaration of invalidity? (British Columbia, Canada)
What is the test for overturning a chambers judge's finding that a section of statutory interpretation of the Statutory Interpretation of Section 5(1) of the Criminal Code applies to a person who is not a party to the legislation? (British Columbia, Canada)
What is the effect of section 12 of the Charter on a minimum sentence imposed under section 344(a) of the Criminal Code? (British Columbia, Canada)
What is the effect of section 29(1) of the Criminal Code Act, section 46 of the Civil Rights Act? (British Columbia, Canada)
What is the starting point in section 9(a) of the Rules of Civil Procedure 9(b) and 9 (b) of section 9 of the Child Support Guidelines? (British Columbia, Canada)
