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REFERENCE QUESTION
- For reference questions in the context of libraries, see Reference interview.
A Reference Question is a submission by the federal or a provincial government to the courts asking for an opinion on a major issue of Canadian law. Typically the question concerns the constitutionality of legislation.
The federal government, under the Supreme Court Act, may submit a question to the Supreme Court of Canada. Interested parties are able to apply for intervener status to make submissions during the hearing and where necessary the Court may appoint an amicus curiae to submit a factum to support a particular view. The opinion given by the Supreme Court is in the form of a judicial decision but is not legally binding, nevertheless no government has ever ignored the opinion.
The provincial government, under their respective Constitutional Questions Acts, are able to submit questions to the provincial Superior Court or Court of Appeal. The process is very similar to the federal government reference questions, however, with any opinion the government has the right to appeal to the Supreme Court of Canada.
Notable federal reference questions
As of 2005, there have been 75 federal references since 1892. Some of the most notable include:
- Reference re Same-Sex Marriage, 2004
- Reference re Secession of Quebec, [1998] 2 S.C.R. 217
- Reference re Quebec Sales Tax, 1994
- Reference re Ng Extradition, 1991
- Reference re David Milgaard Conviction, [1992] 1 S.C.R. 866 (April 14, 1992)
- Reference re Manitoba Language Rights (1984), [1985] 1 S.C.R. 721
- Reference re Upper Churchill Water Rights Reversion Act, 1984
- Reference re Resolution to Amend the Constitution, 1981
- Reference re Authority of Parliament in Relation to the Upper House, [1980] 1 S.C.R. 54 (The Senate Reference)
- Anti-Inflation Reference, 1976
- Reference re Regina v. Coffin, [1956] S.C.R. 191
- Re Eskimos, 1939
- Reference Re Alberta Statutes [1938] S.C.R. 100
Notable provincial reference questions
External link
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