What is the test for dismissing a complaint under s. 27(1)(b) of the Criminal Code?
British Columbia, Canada
The following excerpt is from Coldwell v. Surrey Food Bank Society and Herrmann, 2008 BCHRT 58 (CanLII):
Complaints may be dismissed under s. 27(1)(b) only if the acts or omissions 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.
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