New Test for When an Appellate Court Can Raise a New Issue: R v Mian
In R v Mian, [2014] 2 SCR 689 [Mian], the Supreme Court of Canada ("SCC") attempted to strike a balance between two competing roles for appellate courts – of neutral arbiter and of justice-doer. In the process, the SCC set a new precedent for determining when an appellate court can raise a novel legal issue.