What is the test for construating terms “reasonable in the circumstances” in the context of section 43 of the Criminal Code?
British Columbia, Canada
The following excerpt is from Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588 (CanLII):
Citing Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), 2004 SCC 4, West Coast LEAF submits that construing terms by reference to the evidence and submissions is a common and accepted function of courts in interpreting criminal law. In that case, for instance, McLachlin C.J.C. turned to the evidence in determining the meaning of “reasonable in the circumstances” in the context of s. 43 of the Criminal Code, which permits corrective measures when disciplining children.
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