What is the advice of Justice Estey in the context of Charter issues?
Alberta, Canada
The following excerpt is from R. v. Thawer, 2003 ABPC 220 (CanLII):
Two paragraphs earlier, Montgomery, J. quoted the advice of Mr. Justice Estey in Law Society of Upper Canada v. Skapinker (1984), 1984 CanLII 3 (SCC), 9 D.L.R. (4th) 161 at page 181 that included the following: “The development of the Charter as it takes its place in our constitutional law, must necessarily be a careful process. Where issues do not compel commentary on these new Charter provisions, none should be undertaken.”
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