What is the test for constitutional tinkering with complex statutory provisions?
Canada (Federal), Canada
The following excerpt is from Weatherley v. Canada (Attorney General), 2021 FCA 158 (CanLII):
This Court has also said that “constitutional tinkering with complex, interlocking statutory provisions” in order “to cure an apparent arbitrariness in the operation of a justifiable cut-off in a benefits scheme” is “likely to create unforeseen anomalies of its own”: Nishri v. Canada, 2001 FCA 115, 84 C.R.R. (2d) 140 at para. 43.
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