In what circumstances will legislation be expressly retroactive?

Canada (Federal), Canada

The following excerpt is from Arsenault v. The Queen, 2000 CanLII 280 (TCC):

Counsel then made submissions respecting the necessity of legislation being expressly retroactive. He referred to MacKenzie v. B.C., 1992 D.L.R. (4th) 532 in which Wood, J.A. at 537 said: ... in the absence of express words to the contrary, or a necessary and distinct implication arising from the construction of the statute as a whole, an amendment is presumed not to have retroactive effect. That is a presumption of law, and the onus is on the appellant [in this case the appellant propounded the retroactivity of the legislation in question] to demonstrate the probability that the amendment in question was intended by the legislature to have such an effect.

Other Questions


Is there a recourse directive that retroactively retroactively awards retroactive pay to an employee? (Canada (Federal), Canada)
What is the retroactivity of a motion seeking to retroactively retroactively apply to a plaintiff's claim? (MultiRegion, United States of America)
In what circumstances will a jury at the guilt/special circumstance phase of a murder case be able to establish a torture-murder special circumstance? (MultiRegion, United States of America)
Is a motion under paragraph 6(5)(a) of the Amended Regulations retroactive or retroactive? (Canada (Federal), Canada)
In what circumstances will a jury award punitive damages against a defendant who failed to provide evidence of their financial circumstances? (MultiRegion, United States of America)
Is false prospectuses the subject of valid federal legislation as well as equally valid provincial legislation? (Canada (Federal), Canada)
What is the current state of the law on retroactive retroactivity in criminal cases? (MultiRegion, United States of America)
In what circumstances will a new constitutional rule of criminal procedure be retroactive in a final case on collateral review? (MultiRegion, United States of America)
Can a federal district court retroactively retroactively assess the risk of future use of certain types of medical malpractice? (MultiRegion, United States of America)
Is a statute that will operate retroactively or retroactively? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.