What is the test used to determine whether a proceeding engages with s.11 of the Criminal Code?
Canada (Federal), Canada
The following excerpt is from Canada (Minister of Citizenship and Immigration) v. Oberlander, 1997 CanLII 5898 (FC):
To that effect, the respondent relies on the dictum of Wilson J. in Wigglesworth v. The Queen5 where she held that the protection afforded by s.11 extends beyond purely criminal matters. In the course of rendering her decision, Wilson J. formulated two alternative tests in order to determine whether a particular proceeding engages s.11.
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