What is the test for dismissing a complaint under s. 27(1)(b) of the BC Criminal Code?
British Columbia, Canada
The following excerpt is from Junkin v. B.C. (Ministry of Attorney General), 2011 BCHRT 35 (CanLII):
An application to dismiss a complaint under s. 27(1)(b) includes an assessment of whether, on the face of the complaint, the facts alleged, if proven, and in the absence of a defence from the Respondent, could be a contravention of the Code: Tarnow v. St. John’s Fishing Lodge and others, 2004 BCHRT 146, Bailey v. B.C. (Ministry of Attorney General), 2006 BCHRT 120.
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