R. v. Hafeez

[1996] O.J. No. 478

Reasons

ON CA

"The presumption against retrospective construction has no application to enactments which affect only the procedure and practice of the courts. No person has a vested right in any course of procedure, but only the right of prosecution or defence in the manner prescribed for the time being, by or for the court in which he sues, and if an Act of Parliament alters that mode of procedure, he can only proceed according to the altered mode. "Alterations in the form of procedure are always retrospective, unless there is some good reason or other why they should not be." (Gardner v. Lucas (1878) 3 App. Cas. 582, per Lord Blackburn at p. 603)" R. v. Hafeez 27 O.R. (3d) 799 (C.A.) at para. 7, quoting from Maxwell, Interpretation of Statutes, 12th ed. (1969).