Appeal Rules

Division 2
Constitutional Questions

• Notice of constitutional question
• Referral of constitutional question to the court

Notice of constitutional question  [back to top section]

3.4(1) A party who intends to raise a question of constitutional law before the Appeals Commission relating to the distribution of powers must first provide written notice of their intention to do so, at least 14 days before the scheduled hearing date, to

1. the Attorney General of Canada,
    
2. the Minister of Justice of Alberta and the Attorney General of Alberta, and
   
3. every party.

Referral of constitutional question to the court [back to top section]

3.5(1) Even when proper notice is given under rule 3.4 [Notice of constitutional question], the Appeals Commission may, instead of deciding a constitutional question relating to the distribution of powers, direct the party giving the notice to apply to the court to have the question determined, if the Commission is of the opinion that the court is the more appropriate forum in which to decide the question.

(2) If the Appeals Commission directs a party to apply to the court, the Appeals Commission must adjourn its proceeding, as it relates to the constitutional question, until the court decides the matter.

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