What is the test for making constitutional pronouncements in a case?
British Columbia, Canada
The following excerpt is from R. v. Merkel, 2021 BCCA 445 (CanLII):
First, courts should, as a general rule, refrain from making constitutional pronouncements where it is unnecessary to do so to properly dispose of a case: Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), [1995] 2 S.C.R. 97 at para. 6, 1995 CanLII 86 (SCC).
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