Does the common law need to be developed beyond procedural safeguards?
Canada (Federal), Canada
The following excerpt is from Re B.C. Motor Vehicle Act, [1985] 2 SCR 486, 1985 CanLII 81 (SCC):
20. But I do not share that assumption. Since way back in time and even recently the courts have developed the common law beyond procedural safeguards without interfering with the "merits or wisdom" of enactments (e.g., Kienapple v. The Queen, 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729, entrapment, non‑retrospectivity of offences, presumptions against relaxing the burden of proof and persuasion, to give a few examples).
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