(Canada) A constitutional Act act should not be interpreted narrowly or technically. Rights in conventions, treaties and like instruments are interpreted like a ‘living tree capable of growth and expansion within its natural limits.’ (Lord Sankey LC), and ‘Customs are apt to develop into traditions which are stronger than law and remain unchallenged long after the reason for them has disappeared.’
Lord Sankey LC
Appeal No. 121 of 1928, [1930] AC 124, [1929] UKPC 86
Bailii
Cited by:
Cited – Smith and Others v The Ministry of Defence SC 19-Jun-2013
The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 October 2021; Ref: scu.422086
