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Rules of the Supreme Court of Canada

Version of section 60 from 2006-03-22 to 2011-04-10:

  •  (1) Within 30 days after leave to appeal has been granted or after the filing of a notice of appeal in an appeal for which leave is not required, an appellant, respondent or attorney general shall make a motion to the Chief Justice or a judge to have a constitutional question stated if that appellant, respondent or attorney general intends to raise a question of

    • (a) the constitutional validity or the constitutional applicability of a law of Canada or of a province or of regulations made under them,

    • (b) the inoperability of a law of Canada or of a province or of regulations made under them, or

    • (c) the constitutional validity or the constitutional applicability of a common law rule.

  • (2) The time referred to in subrule (1) may be extended by a judge, on motion.


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