What is the legal test for “reading in”?

Ontario, Canada


The following excerpt is from R. v. Riley, 2008 CanLII 36773 (ON SC):

In Schachter v. Canada, 1992 CanLII 74 (SCC), [1992] 2 S.C.R. 679, Lamer C.J.O. described the limited circumstances in which it is appropriate to apply the constitutional remedy of “reading in”. He stated, at p.682: The purpose of reading in is to be as faithful as possible within the requirements of the Constitution to the scheme enacted by the legislature. In some cases, of course, it will not be a safe assumption that the legislature would have enacted the constitutionally permissible part of its enactment without the impermissible part. There reading in would not be appropriate. Just as reading in is sometimes required in order to respect the purposes of the legislature, it is also sometimes required in order to respect the purposes of the Charter. Reading in therefore is a legitimate remedy akin to severance and should be available under s. 52 in cases where it is an appropriate technique to fulfill the purposes of the Charter and at the same time minimize the interference of the court with the parts of legislation that do not themselves violate the Charter.

Other Questions


Is a motion brought before this court to amend a decree nisi so that it reads as it should have read when it was issued in May 1983? (Ontario, Canada)
What is the legal test for having a beneficiary be a child of full legal capacity? (Ontario, Canada)
Does the Minister have a legal duty to consider an application according to any particular process or time line? (Ontario, Canada)
What is the legal test for a Licensee who has been suspended from practising LSD while under suspension? (Ontario, Canada)
What is the legal test for difference of opinion? (Ontario, Canada)
What is the legal test for a summary conviction? (Ontario, Canada)
What is the legal test for subrule 18 (14) of the Rules of Civil Procedure in Nigeria? (Ontario, Canada)
How strong a case of fraud is necessary to defeat a claim for legal professional privilege? (Ontario, Canada)
What is the legal test for determining that a non-justiciable matter cannot be resolved according to law? (Ontario, Canada)
What is the legal test for an 8 to 10 month guideline for institutional delay in a criminal trial? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.