If I correctly understand what you two are saying, section 43 covers all those situations, and one would try to compensate for the absence of section 43 by relying on other rules in effect in the Criminal Code or common law. The principle of section 43 would thus be upheld, since the protection it's designed to grant in certain situations would still be provided by other sections. Is that what you're telling us?
On May 2nd, 2024. See this statement in context.