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Case Briefs Database at
 

lawyers.ca duimetrology.com criminal-lawyers.com courthouses.net

This is a database of lists of cases connected to particular criminal law issues. You can read the full text for most of the cases listed by visiting https://www.canlii.org/. If you are a law student, student-at-law, or a lawyer and you have additional cases that should be added to this list, please contact us at the email address at the bottom of this page. This portion of the database contains notes (some of which are quite old) made by the author and various students.

R. v. Howard Smith Paper Mills Ltd.

[1957] S.C.R. 403

Reasons

SCC

Now the general rule, not merely of England and Scotland, but, I believe, of every civilized nation, is expressed in the maxim, "Nova constitutio futuris formam imponere debet non praeteritis" - prima facie, any new law that is made affects future transactions not past ones. <P> Nevertheless, it is quite clear that the subject-matter of an Act might be such that, though there were not any express words to shew it, it might be retrospective. For instance, I think it is perfectly settled that if the Legislature intended to frame a new procedure, that instead of proceeding in this form or that, you should proceed in another and a different way; clearly there bygone transactions are to be sued for and enforced according to the new form of procedure.

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