Reference to the Quebec Court of Appeal regarding the constitutionality of the Senate reform bill (Bill C-7 - First reading, June 21, 2011)

MONTREAL, Aug. 15, 2012 /CNW Telbec/ - By Order in Council of the Government of Quebec bearing number 346-2012, the following constitutional questions are referred to the Court of Appeal for hearing and consideration:

1. Does the Act respecting the selection of senators and amending the Constitution Act, 1867 in respect of Senate term limits and its schedule (Bill C-7 introduced on 21 June 2011) constitute an amendment to the Constitution of Canada, in relation to the matter of the office of the Governor General contemplated by paragraph 41(a) of the Constitution Act, 1982, that may be made only where authorized by the Senate and House of Commons and the legislative assembly of each province?
2. Does the Act respecting the selection of senators and amending the Constitution Act, 1867 in respect of Senate term limits and its schedule (Bill C-7 introduced on 21 June 2011) constitute an amendment to the Constitution of Canada, in relation to the matter of the method of selecting Senators contemplated by paragraph 42(1)(b) of the Constitution Act, 1982, that may be made only in accordance with subsection 38(1) of the Constitution Act, 1982, namely where so authorized by the Senate and House of Commons and the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, at least fifty per cent of the population of all the provinces?
3. Does the Act respecting the selection of senators and amending the Constitution Act, 1867 in respect of Senate term limits and its schedule (Bill C-7 introduced on 21 June 2011) constitute an amendment to the Constitution of Canada, in relation to the fundamental features and role of the Senate, that may be made only in accordance with subsection 38(1) of the Constitution Act, 1982, namely where so authorized by the Senate and House of Commons and the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, at least fifty per cent of the population of all the provinces?

This Order in Council was filed with the Office of the Appellate Clerk for the District of Montreal under docket No. 500-09-022626-121 on May 1, 2012.

Pursuant to Section 4 of the Court of Appeal Reference Act, all Attorneys General have until October 12, 2012, to file a written appearance with the Appeals Office.

Any other intervention must be done by a written request to the Chief Justice or to a judge designated by the Chief Justice and filed with the Appeals Office on October 12, 2012, at the latest.

Subsequently, the Chief Justice will hold a preliminary session to determine, if necessary, the conditions of intervention in this matter and to prepare a timetable for the pursuance of the case.

(signed)
Nicole Duval Hesler
Chief Justice of Quebec

SOURCE: Quebec Court of Appeal

Source: Office of the Honourable Nicole Duval Hesler, Chief Justice of Quebec

For information: Mtre Catherine Dufour, 514 393-2022 ext. 51257