How have the courts interpreted the penal clauses in provincial legislation?

Saskatchewan, Canada


The following excerpt is from Plested v. McLeod, 1910 CanLII 85 (SK CA):

And this extract was quoted with approval by Hagerty, C.J.O., in Regina v. Wason, 17 A.R. at p. 233, in which case the same principle was laid down. In this latter case, Burton, J.A., in referring to the penal clauses of a provincial enactment, said:— “But it is almost elementary law that where power is given by statute to impose a penalty, it implies a power to enforce it . . . The penal clause is merely the sanction by which the provisions of the law are enforced. They are made offences punishable by summary conviction, but the legislature having the power to deal with the subject matter, has alone power to deal with the procedure affecting the penal laws which it enacts for its enforcement.”

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