What is the underlying rationale of a judge's unfettered right to re-open a criminal case?
British Columbia, Canada
The following excerpt is from Hassan v. Yes Capital Corporation, 2019 BCPC 337 (CanLII):
The underlying rationale of the judge’s unfettered discretion to re-open is “to prevent a miscarriage of justice”: Cheema v. Cheema (2001), 2001 BCSC 298 (CanLII), 89 B.C.L.R. (3d) 179, at para. 25.
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