Does the Chief Justice of B.C.L.R.S.O.D. of BC have any authority or authority to regulate a regulation which abrogates common law rights?
British Columbia, Canada
The following excerpt is from Joplin v. Chief Constable, City of Vancouver Police Dept., 1985 CanLII 405 (BC CA):
The Chief Justice reasoned that the legislature is not to be presumed to have authorized the Lieutenant Governor in Council to make a regulation which abrogates the common law rights of our citizens to justice and fairness: Kane v. Univ. of B.C. Bd. of Gov., 1980 CanLII 10 (SCC), [1980] 1 S.C.R. 1105, 18 B.C.L.R. 124, [1980] 3 W.W.R. 125, 110 D.L.R. (3d) 311, 31 N.R. 214.
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