CHEM 115 Lecture Notes - Lecture 11: Fundamental Justice, Partial Defence, Overbreadth Doctrine
Document Summary
In the case of defence of property, law enforcement action that could trigger a defence claim could involve the execution of a search warrant and/or seizure of property during the course of an investigation. In my view, the trial judge did not err in dismissing the accused s charter challenge to section 17 of the code. In coming to the decision i have, i do not wish to convey the impression that the current state of the law of duress is not without complexity. I have confidence that trial judges will easily dispose of attempts to put square pegs in round holes. [178] more difficult, however, will be those situations, as was discussed in mena (see paras 37- 43), where it is a debatable question on the evidence as to exactly what role an accused played in an offence, and whether they should be considered a principal or a party under section 21 of the.
