Can the Chief of Police submit that because the Adjudicator made a finding regarding the inadequacy of the consent, such showed that he was alive to the issue of consent?

Newfoundland and Labrador, Canada


The following excerpt is from Simmons v. Royal Newfoundland Constabulary Public Complaints Commission, 2022 NLSC 27 (CanLII):

Similarly, the Chief of Police submitted that because the Adjudicator made a finding regarding the inadequacy of the consent, such showed that he was alive to the issue of consent, as is required to engage the two-question test from MacDonald Estate v. Martin.

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