Transitional Provisions: A Cautionary Tale
7 Pages Posted: 11 Oct 2022
Date Written: September 15, 2022
Abstract
This article looks at an amendment to the Canadian Criminal Code dealing with the selection of juries and a recent decision of the Supreme Court of Canada considering its application in proceedings instituted before the amendment came into force. The article draws attention to the interpretive difficulties surrounding the temporal application of legislation and the importance of avoiding these difficulties with clearly drafted transitional provisions.
Keywords: Legislation, temporal operation, retrospectivity
JEL Classification: K14, K40
Suggested Citation: Suggested Citation
Keyes, John Mark, Transitional Provisions: A Cautionary Tale (September 15, 2022). Ottawa Faculty of Law Working Paper No. 2022-19, Available at SSRN: https://ssrn.com/abstract=4219880 or http://dx.doi.org/10.2139/ssrn.4219880
Do you have a job opening that you would like to promote on SSRN?
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.