What is the current state of the law on section 248(3) of the Criminal Code?

There is no reason to suggest the law is not settled or that for purely policy-based reasons, not reflected in the legislation, what counsel references as “old authority” like Nixon v. Robert et al, supra should no longer be followed. An interpretation of s. 248(3) that focuses on the specific words of the statute is preferred to policy based reasoning that relies upon the words of dissimilar statutes in other jurisdictions.