Is there any case law where the word "necessary" is not applied in the language in the Canadian Criminal Code?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Michael Philip Morse, 2004 CanLII 52722 (ON LST):
We are of the view that the language in our statute, unlike the statute in Manitoba, contains and indeed focuses on the word "necessary" and demands that we give it meaning in terms of the decision that we have to make. In Chen v. Law Society of Manitoba, [1999] M.J. No. 546, Justice Schulman had to deal with this issue in a criminal law context but with different statutory language, though in other ways similar to our own.
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