What is the test for a refusal to meet the requirements of section 43 of the Criminal Code?
British Columbia, Canada
The following excerpt is from Robb v. St. Margaret’s School, 2003 BCHRT 4 (CanLII):
In Honey v. Coquitlam School District No. 43, [1999] B.C.H.R.T.D. No. 18 (Q.L.), I determined that: … a complainant may prove a violation of section 43 of the Code either by demonstrating that the respondent intended to engage in conduct described in that section, or that the respondent can be reasonably perceived as having intended to engage in such conduct. (at para. 22) Refusal to Meet
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