Question: The process of characterization is not always a technical, formalistic exercise, confined to the strict legal operation of the impugned law (law under review.) There
"The process of characterization is not always a technical, formalistic exercise, confined to the strict legal operation of the impugned law (law under review.) There are times when the canadian Court will look beyond the direct legal effects to inquire into the social purposes which the statute was enacted to achieve." How does the canadian Court determine the purpose of law? (Provide an example of a type of purpose the courts have either accepted or rejected alongside their reasoning for doing so.) In your estimation, is this an appropriate function for the canadian courts to play?
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