How would this help her as the defendant? CCC 794(2): The burden of proving that an exception, exemption, proviso, excuse or qualification prescribed by law operates in favour of the defendant is on the defendant, and the prosecutor is not required, except by way of rebuttal, to prove that the exception, exemption, proviso, excuse or qualification does not operate in favour of the defendant, whether or not it is set out in the information.
Shelagh McFarlane, can you see how this would create lawful excuse section 126. Who is the de facto head of canada? Keep in mind what 794.2 says "excuse or qualification prescribed by law operates in favour of the defendant is on the defendant" on the defendant not his council nor the prosecutor can bring this up in court.
Cornell University Press the De Facto Doctrine "In Canada, until a comparatively recent period, the de facto doctrine made no progress. It seemed to have been completely ignored at times, and a perusal of some of the Canadian reports compels one to wonder why in certain in certain cases it was not invoked by counsel or applied by the courts.