Does the defence of automatism have the constituent elements of a judge?
Canada (Federal), Canada
The following excerpt is from Canada (Attorney General) v. Klevtsov, 2018 FCA 196 (CanLII):
Whether the constituent elements of a defence have been identified by a judge is a question of law, reviewable on a correctness standard (Vorobyov v. Canada (Minister of Agriculture and Agri-Food), 2014 FCA 102, at para. 28, 459 N.R. 134). In this case, the Tribunal did not address the evidentiary and legal elements necessary to establish the defence of automatism.
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