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Representative Labelling
From: Sovereignty, Restraint, and Guidance
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Chapter 9 examines a further implication of the guidance function, taking the Supreme Court’s majority decision in Martineau as its point of departure. In Martineau, the majority struck down the “constructive” murder provisions of the Criminal Code, claiming that section 7 of the Charter precludes a defendant from being convicted of murder without proof of subjective foresight of death.
Contributors
Michael Plaxton
Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).
