I believe a poster awhile back, perhaps not on this board, disagreed with a statement that I made about the Judge perhaps changing law, and even laws in our case. I believe the poster said that Judges cannot change laws.

I would like to clarify that for him/her and enforce perhaps what I have said.

The situation changed in 1982, with the enactment of the Canadian Charter of Rights and Freedoms, a change that would have sweeping effects on both the operation of the Canadian government and on the relationship between the people and the government. The Charter sets out individual rights and freedoms, and gives the Canadian courts the power to review federal and provincial laws under those rights and freedoms. The courts can strike down federal and provincial laws which infringe Charter rights.

http://en.wikipedia.org/wiki/Judicial_review_in_Canada

The Judge is very well within his means, under provisions of the Charter of Rights, to change laws.