What is the test for overturning a chambers judge's finding that a section of statutory interpretation of the Statutory Interpretation of Section 5(1) of the Criminal Code applies to a person who is not a party to the legislation?

British Columbia, Canada

The following excerpt is from Federation of Law Societies of Canada v. Canada (Attorney General), 2013 BCCA 147 (CanLII):

Where the chambers judge dealt with questions of mixed fact and law, her findings should not be overturned absent palpable and overriding error, unless she, in effect, applied the wrong law: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at 257. Discussion Statutory Interpretation

Other Questions

What is the test for a finding that a judge must not make a finding which would directly contradict a finding previously made by another judge? (British Columbia, Canada)
Does section 128 of the BC Strata Corporation Act, s. 128(1) of the Statutory Review of Strata Plan Amendments, or does the section 128(2) apply to residential or non-residential members of the corporation? (British Columbia, Canada)
Does the description of a term in civil legislation by reference to it being "under" a specific statutory provision in the Criminal Code apply to the meaning of that term? (British Columbia, Canada)
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
Does the testimony of a party or interested person have to be disregarded or discounted on the grounds that they have a personal or financial relationship with a party? (British Columbia, Canada)
Does section 25 of the Criminal Code provide a defence to both civil and criminal liability if the force was justified within the meaning of that section? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a judge quash a committal for trial if the presiding judge at the preliminary inquiry failed to observe a mandatory section of the Criminal Code? (British Columbia, Canada)
What is the effect of a chambers judge's decision not to refer the matter to the Registrar rather than the chambers judge? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.