What is the current state of the law on a motion to restrict the exercise of power of confinement by the courts?

Manitoba, Canada


The following excerpt is from Kohn v. Gloverman (Man. C.A.), 1986 CanLII 4056 (MB CA):

Moreover, even if a broader power of confinement may be conferred by law, care must be taken by the courts not to prevent a citizen from complaining that a power, however justified on its face it may appear, is not used improperly so as to go outside the confines of the statute conferring such power. We have seen in Canada a wholesome development of the common law principle that powers conferred by statute must be circumscribed by the statutory scheme. I need not refer to cases on this motion since they were not cited to us by either side, but one readily thinks of Roncarelli v. Duplessis (1959), 1959 CanLII 50 (SCC), 16 D.L.R. (2d) 689, [1959] S.C.R. 121, as an illustration of the right of a citizen to allege that a power, valid on its face, was exercised oppressively.

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