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Rules of the Supreme Court of Canada

Version of section 61 from 2006-03-22 to 2006-10-12:

  •  (1) In an order stating a constitutional question, the Chief Justice or judge may make provisions as to additional disbursements incurred by the appellant or respondent as a result of any intervention by an attorney general.

  • (2) Once the Chief Justice or judge has stated the question, the Registrar shall prepare the question in both official languages and provide a copy to the party who made the motion.

  • (3) Within one week of receipt of the copy referred to in subrule (2), the party who made the motion shall prepare an order that states the constitutional question, have the order signed by the Registrar, and serve on the attorneys general a copy of the signed order and notice of constitutional question in Form 61A, together with a copy of the reasons for judgment appealed from.

  • (4) Within four weeks of the service of a notice of constitutional question, an attorney general who intends to participate in the appeal, whether or not the attorney general intends to present oral argument, shall serve on all other parties and file with the Registrar a notice of intervention in Form 61B without being required to obtain leave to intervene.

  • (5) The appellant shall include a copy of the order referred to in subrule (1) in their record and print the constitutional question as an appendix to their factum.


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