Reference to Court of Appeal by Cabinet
23(1)Important questions of law or fact touching
(a)
the interpretation of the
Constitution Acts,
(b)
the constitutionality or interpretation of any Canadian or Provincial legislation,
(c)
the powers of the Legislature of the Province, or the Government thereof, whether or not the particular power in question has been or is proposed to be exercised, or
(d)
any other matter, whether or not in the opinion of the Court
ejusdem generis with the foregoing enumeration, with reference to which the Lieutenant-Governor in Council sees fit to submit any such question,
may be referred by the Lieutenant-Governor in Council to the Court of Appeal for hearing and consideration, and any question touching any of the matters aforesaid, so referred by the Lieutenant-Governor in Council, shall be conclusively deemed to be an important question.
23(2)When any such reference is made to the Court 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 Lieutenant-Governor in Council, for his information, its opinion upon each question, with the reasons for each answer; and such opinion shall be pronounced in like manner as in the case of a judgment upon an appeal to the said Court; and any judge who differs from the opinion of the majority shall in like manner certify his opinion and his reasons.
23(3)In any reference in which
(a)
a question arises as to whether
(i)
a statute or a provision of any statute of the Legislature is constitutionally valid or operative, or
(ii)
a statute or a provision of any statute of the Parliament of Canada is constitutionally valid,
(b)
a question arises that relates to the interpretation of the
Constitution Acts or as to whether in relation thereto any regulation or by-law made pursuant to a statute of the Legislature or the Parliament of Canada is constitutionally valid or operative, or
(c)
the interpretation of any statute of the Parliament of Canada or regulation made thereunder is in question,
the Attorney General for Canada shall be notified of the hearing in order that he may be heard if he thinks fit.
23(4)The Court has power to direct that any person interested, or, where there is a class of persons interested, one or more persons as representatives of such class, shall be notified of the hearing upon any reference under this section and such persons are entitled to be heard thereon.
23(5)The opinion of the Court upon any reference, although advisory only, shall, for all purposes of appeal, be treated as a final judgment of the Court between parties.
R.S., c.120, s.24A; 1978, c.32, s.18; 1980, c.28, s.6; 1982, c.3, s.39