Many, including this writer, doubted such defence existed in Canada. Well, it does and the Court holds:
[38] Thus, it was held that a defence of abandonment has three essential elements: (1) there must be an intention to abandon or withdraw from the unlawful purpose, (2) there must be timely communication of this abandonment or withdrawal from the person in question to those who wish to continue, and (3) the notice so communicated to those who continue to participate in the common purpose must be unequivocal.
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