Is Section 5 of the Canadian Criminal Code, or is Section 5 a codification of principles set out by the Supreme Court?
British Columbia, Canada
The following excerpt is from USA v. Fraser, 2014 BCSC 1641 (CanLII):
Section 5 is viewed as a codification of principles set out by La Forest J. for the majority in Lépine: United States of America v. Sagarra, [2002] N.J. No. 318 at para. 16, aff’d 2003 NLCA 32.
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