R. V. Chaulk - Dissent

Dissent

There were two dissenting opinions:

  • McLachlin – with L’Heureux-Dube – held that section 16(4) did not violate s. 11(d) of the Charter, and the trial judge did not err in any way.
  • Sopinka held that section 16(4) violated section 11(d) but was justifiable under section 1 of the Charter. He also agreed with McLachlin that the judge did not err.

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