What is the test for surplusage?
Alberta, Canada
The following excerpt is from R. v. Marshall, 2010 ABPC 127 (CanLII):
As previously noted, “[i]f the particular, whether as originally drafted or as subsequently supplied, is not essential to constitute the offence, it will be treated as surplusage, i.e., a non-necessary which need not be proved”: Vézina and Côté v. The Queen, supra.
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