In R. v. Zelensky, the Supreme Court emphasized that the restitution provisions in the Criminal Code should not be used as a substitute to civil
proceedings under provincial legislation.
Not exact matches
The
provincial government, led by former Premier Danny Williams, enacted
legislation to expropriate most of Abitibi's assets and resource rights without compensation (Abitibi was later compensated through
proceedings under NAFTA).
A statutory deemed trust
under provincial legislation such as the PBA continues to apply in federally ‑ regulated CCAA
proceedings, subject to the doctrine of federal paramountcy.