Sentences with phrase «face of a statutory provision»
Furthermore, there is no authority for implying a right to be heard in the face of a statutory provision (such as s. 5 (1) of the MCIA), which specifically denies such a right
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«Faced with a difficult point of statutory interpretation and conflicting judicial authority, the Tribunal adopted a dictionary meaning of «expenses» and articulated what it considered to be a beneficial policy outcome rather than engage in an interpretative process taking account of the text, context and purpose of the provisions in issue.»
Given that the authority to determine the meaning of «expenses» had been vested in the tribunal and not in the courts, Justices LeBel and Cromwell's insistence that the tribunal interpret statutory provisions as if it were a court flew in the face of legislative intent.
The wry judicial litotes balanced against the desperation of the layman facing the same dense statutory provisions might lead the independent bystander to doubt the chances of a fair trial.