Anishinabek Nation Governance Agreement Act (S.C. 2022, c. 9, s. 1)

Marginal note:Notice

• 12 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of a provision of the Agreement, this Act or an Anishinabek law, then the issue must not be decided until the party raising the issue has served notice

  • (a) on the Attorney General of Canada and the Anishinabek Nation Government, in the case of a provision of the Agreement or this Act;

  • (b) on the Anishinabek Nation Government, in the case of a provision of a law of the Anishinabek Nation; and

  • (c) on the First Nation Government, in the case of a provision of a law of a First Nation.

• Marginal note:Content and timing

  (2) The notice must

  • (a) describe the proceeding;

  • (b) state the subject matter of the issue;

  • (c) state the day on which the issue is to be argued;

  • (d) give the particulars that are necessary to show the point to be argued; and

  • (e) be served at least 30 days before the day on which the issue is to be argued, unless the court or tribunal authorizes a shorter period.

• Marginal note:Participation in proceedings

  (3) In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.

• Marginal note:Clarification

  (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.