What is the standard of review in the context of the interpretation of s. 254(2) of the Criminal Code?
Alberta, Canada
The following excerpt is from R. v. Byers, 2009 ABQB 129 (CanLII):
The first issue in this appeal is a question of law, namely to determine the correct interpretation of s. 254(2) of the Criminal Code. Thus, the standard of review is that of correctness (Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at para. 8 [Housen]).
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