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Information about Reference Question

For reference questions in the context of libraries, see .
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an opinion on a major legal issue. 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.

Pursuant to the ruling of the Judicial Committee of the Privy Council in Attorney-General of Ontario v. Attorney-General of Canada (Reference Appeal) [1912] A.C. 571, the role of the courts in references is not judicial as such, but one of advising the executive branch of government. Other jurisdictions, notably Australia and the United States, eschew reference jurisdiction for their courts. In the U.S., the case or controversy clause of Article III of the United States Constitution limits federal courts to hear only cases. Likewise, the Australian Constitution has a similar requirement in Chapter III of the Constitution. The procedure has been adopted in Papua New Guinea whose constitutional convention immediately prior to independence took counsel from Canadian legal academics.

Notable federal reference questions

As of 2005, there have been 75 federal references since 1892. Some of the most notable include:

Notable provincial reference questions

External links

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The Canadian legal system has its foundation in the British common law system, inherited from being a part of the Commonwealth. Quebec, however, still retains a civil system for issues of private law.
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Canada

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Politics and government of
Canada


Federal
Executive (The Crown)
Sovereign (Queen Elizabeth II)
Governor General (Michalle Jean)
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Canada

This article is part of the series:
Politics and government of
Canada


Federal
Executive (The Crown)
Sovereign (Queen Elizabeth II)
Governor General (Michalle Jean)
Queen's Privy Council for Canada
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The Supreme Court Act is an Act passed by the Parliament of Canada which established the Supreme Court of Canada. It was originally passed in 1875 as the Supreme and Exchequer Courts Act.
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The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system.[1]
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In law, intervention is a procedure to allow nonparties to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants.
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Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court", that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court
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The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833.[1] It replaced the Court of Delegates.
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In political science and constitutional law, the executive is the branch of government responsible for the day-to-day management of the state. In many countries, it is referred to simply as the government, but this usage can be confusing in an international context.
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The case or controversy clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an
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United States of America

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United States Constitution

Original text of the Constitution
Preamble
Articles of the Constitution
I ∙ II ∙ III ∙ IV ∙ V ∙ VI ∙ VII
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In Australian constitutional law, Chapter Three Courts or Chapter III Courts are courts of law which are a part of the Australian federal judiciary, and thus are able to discharge Commonwealth judicial power.
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Motto
Unity in diversity[1]
Anthem
O Arise, All You Sons[2]


Capital Port Moresby

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Reference re Secession of Quebec, [1998] 2 S.C.R. 217 was an opinion of the Supreme Court of Canada regarding the legality, under both Canadian and international law, of a unilateral secession of Quebec from Canada.
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Reference Re Ng Extradition (Can.) [1991] 2 S.C.R. 858, 1991 SCC 71 is a Supreme Court of Canada reference that asked whether the extradition of a fugitive to a country that has the death penalty violates the fugitive's rights under the Canadian Charter of Rights and
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Reference re Manitoba Language Rights [1985] 1 S.C.R. 721 was a reference question posed to the Supreme Court of Canada regarding provisions in the Manitoba Act stipulating the provision of French language services in the province of Manitoba.
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Reference Re Upper Churchill Water Rights Reversion Act [1984] 1 S.C.R. 297 is a famous constitutional reference question put the Supreme Court of Canada. The Court found that legislation passed by the government of Newfoundland to take back water rights contracted out to
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Reference re a Resolution to amend the Constitution, [1981] 1 S.C.R. 753 – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada.
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Reference re Anti-Inflation Act, [1976] 2 S.C.R. 373 was a landmark reference question opinion of the Supreme Court of Canada on the constitutionality of the Anti-Inflation Act.
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The Coffin affair was an event in Canadian history which started in June 1953 in Gaspésie when three men from Pennsylvania were reported missing. Their bodies were found a month later deep in the woods sixty kilometres from the nearest town.
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Re Eskimos [1939] S.C.R. 104, is a decision by the Supreme Court of Canada regarding the constitutional status of Canada's Inuit people, then called "Eskimos." The case concerned section 91(24) of the Constitution Act, 1867, then the
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Reference re Alberta Statutes [1938] S.C.R. 100 - also known as the Alberta Press case and the Alberta Press Act Reference - is a landmark reference of the Supreme Court of Canada where several provincial laws restricting the press were struck down and the
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Reference re Firearms Act, [2000] 1 S.C.R. 783, 2000 SCC 31, is a leading constitutional decision of the Supreme Court of Canada on the division of powers regarding firearms legislation and the Canadian gun registry.
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The Provincial Judges Reference[1] [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges.
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Quebec Veto Reference (Reference re Amendment to the Canadian Constitution) [1982] 2 S.C.R. 793 is a Supreme Court of Canada opinion on whether there is a constitutional convention giving the province of Quebec a veto over Amendments to the Constitution of Canada.
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Reference re a Resolution to amend the Constitution, [1981] 1 S.C.R. 753 – also known as the Patriation Reference – is a historic Supreme Court of Canada reference case that occurred during negotiations for the patriation of the Constitution of Canada.
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