What is the impact of section 35 of the constitution on the appeal process?
Ontario, Canada
The following excerpt is from Neshkiwe v. Hare, 2020 ONCJ 285 (CanLII):
First, it says that in Vivian v. Courtney, the constitutional issue was raised for the first time on appeal. In this case, the section 35 issue is being raised in a court at first instance.
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