What is the test for the rule of law in Canada?
Ontario, Canada
The following excerpt is from Figueiras v. Toronto (Police Services Board), 2015 ONCA 208 (CanLII):
Rule of law is a fundamental principle of the Canadian constitution: Re Manitoba Language Rights, 1985 CanLII 33 (SCC), [1985] 1 S.C.R. 721. One crucial aspect of the rule of law is the principle that “the exercise of all public power must find its ultimate source in a legal rule”: Reference re Remuneration of Provincial Court Judges, 1997 CanLII 317 (SCC), [1997] 3 S.C.R. 3, at para. 10. As a result, “police officers … only act lawfully if they act in the exercise of authority which is either conferred by statute or derived as a matter of common law from their duties”: Dedman v. The Queen, 1985 CanLII 41 (SCC), [1985] 2 S.C.R. 2, at p. 28.
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