Recommendation 14

In the absence of any record of which judgments have relied on section 3, there are likely to be substantial disagreements, and therefore substantial litigation, over whether some cases did or did not involve the use of section 3 and whether the interpretation adopted has or has not been undone by the repeal of that section. It would be helpful if the courts were in future to indicate clearly when they are relying on section 3 HRA, or on an equivalent replacement provision in the Bill of Rights, and for a record of those instances to be kept.