What is the test for a judge to determine whether a criminal offence can be committed under the Con Code?
Canada (Federal), Canada
The following excerpt is from Hibbert v. Canada, 2000 CanLII 15768 (FC):
As we can see, two criteria have to be met: firstly, the criterion of necessity and secondly, the criterion of reliability. In the case at bar, we are confronted with a situation where inmates are involved. As was described by Denault J. in Coumont v. The Queen (1994), 77 F.T.R. 253, there exists in the structure of the correctional system a certain code called "con code", which involves a complex set of rules. The most important rule is, as Denault indicated at p 256:
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