What is the test for establishing that a strong presumption exists when the purpose of the presumption is not to be violated?
British Columbia, Canada
The following excerpt is from R. v. Pootlass, 2019 BCCA 96 (CanLII):
This standard applies in multiple contexts in which strong presumptions exist and has been described in various ways. In Province of Bombay v. Municipal Corporation of the City of Bombay, [1947] A.C. 58 at 61, 63 (P.C.), Lord du Parcq explained that if divergence from the presumption is “manifest from the very terms of the statute”, including when the purpose of the legislation would be “wholly frustrated” by adherence to the presumption, then it is necessarily implied.
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