The facts to be considered when deciding whether a provision is vague are the following: (a) the need for flexibility and the role of courts in interpreting the law; (b) the impossibility of absolute precision, a standard of intelligibility being preferable; and (c) the possibility that a given provision may be susceptible to a number of interpretations which can co-exist. In the case, the issue involved whether subsection 32(1)(c) of the Competition Act, which dealt with improper agreements in restraint of trade, was vague to the extent of being incompatible with section 7 of the Charter. The Court analysed this provision and concluded that it was sufficiently precise to satisfy the constitutional norm.
Author GÉRALD-A. BEAUDOIN
Shawnadithit grew anxious waiting for her uncle, Longnon, to return to camp at the junction of Badger Brook and the Exploits River, deep in the wilds of Newfoundland...