What is the effect of section 7(7) of the Criminal Code of Canada on the defence of the BCAA?
Canada (Federal), Canada
The following excerpt is from Kreishan v. Canada (Citizenship and Immigration), 2019 FCA 223 (CanLII):
The circumstances of this case are analogous to those considered by the BCCA in Scott v. Canada (Attorney General), 2017 BCCA 422. Under consideration by the court was what was characterized as a deficient benefit compensation scheme for those injured in the course of military service. In dismissing the section 7 argument, Groberman J.A. observed that the case was not concerned “…with a deprivation imposed by government, but rather with the inadequacy of a government program designed to ameliorate the situation of the plaintiffs” (at para. 89).
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