Insofar as this issue is a question of the interpretation of s. 6, it is a question of law governed by the standard of review of correctness. The question of whether someone is incompetent, however, is governed by the deferential standard of review established for the review of a finding of fact (see: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.