Colby Cosh: Murder mire — recalling the Supreme Court judgment now haunting Alberta - News Summed Up

Colby Cosh: Murder mire — recalling the Supreme Court judgment now haunting Alberta


230 is not law, and has not been law since the Supreme Court struck it down on charter grounds in 1990. RelatedWhat may be overlooked in the post-Vader chaos is that this is still an interesting question, even though our Supreme Court disposed of it as a matter of Canadian law. Only in Canada has it been eradicated in principle by an appellate court, even though a quarter-century has elapsed. The Supreme Court majority in his case took the strictly logical view that a Martineau cannot be a murderer if his intention was “only” to commit some other heinous offence. As often happens in Supreme Court decisions, and elsewhere, the outnumbered opinionator may have had the better of the argument.


Source: National Post September 19, 2016 20:03 UTC



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