Bill S-7
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S-7
First Session, Thirty-eighth Parliament,
53 Elizabeth II, 2004
SENATE OF CANADA
BILL S-7
An Act to amend the Supreme Court Act (references by Governor in Council)
first reading, October 7, 2004
THE HONOURABLE SENATOR COOLS
0414
SUMMARY
This enactment repeals a provision of the Supreme Court Act that authorizes the Governor in Council to refer certain questions of law or fact to the Supreme Court of Canada and that requires the Court to give its opinion on any question that is so referred.
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1st Session, 38th Parliament,
53 Elizabeth II, 2004
senate of canada
BILL S-7
An Act to amend the Supreme Court Act (references by Governor in Council)
R.S., c. S-26
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 53 of the Supreme Court Act and the heading “References by Governor in Council” before it are repealed.
Published under authority of the Senate of Canada
Explanatory Notes
Supreme Court Act
Clause 1: Section 53 reads as follows:
53. (1) The Governor in Council may refer to the Court for hearing and consideration important questions of law or fact concerning
(a) the interpretation of the Constitution Acts;
(b) the constitutionality or interpretation of any federal or provincial legislation;
(c) the appellate jurisdiction respecting educational matters, by the Constitution Act, 1867, or by any other Act or law vested in the Governor in Council; or
(d) the powers of the Parliament of Canada, or of the legislatures of the provinces, or of the respective governments thereof, whether or not the particular power in question has been or is proposed to be exercised.
(2) The Governor in Council may refer to the Court for hearing and consideration important questions of law or fact concerning any matter, whether or not in the opinion of the Court ejusdem generis with the enumerations contained in subsection (1), with reference to which the Governor in Council sees fit to submit any such question.
(3) Any question concerning any of the matters mentioned in subsections (1) and (2), and referred to the Court by the Governor in Council, shall be conclusively deemed to be an important question.
(4) Where a reference is made to the Court under subsection (1) or (2), it is the duty of the Court to hear and consider it and to answer each question so referred, and the Court shall certify to the Governor in Council, for his information, its opinion on each question, with the reasons for each answer, and the opinion shall be pronounced in like manner as in the case of a judgment on an appeal to the Court, and any judges who differ from the opinion of the majority shall in like manner certify their opinions and their reasons.
(5) Where the question relates to the constitutional validity of any Act passed by the legislature of any province, or of any provision in any such Act, or in case, for any reason, the government of any province has any special interest in any such question, the attorney general of the province shall be notified of the hearing in order that the attorney general may be heard if he thinks fit.
(6) The Court has power to direct that any person interested or, where there is a class of persons interested, any one or more persons as representatives of that class shall be notified of the hearing on any reference under this section, and those persons are entitled to be heard thereon.
(7) The Court may, in its discretion, request any counsel to argue the case with respect to any interest that is affected and with respect to which counsel does not appear, and the reasonable expenses thereby occasioned may be paid by the Minister of Finance out of any moneys appropriated by Parliament for expenses of litigation.