The Constitutional Questions Act

The Constitutional Questions Act gives the provincial Cabinet the power to refer any constitutional or legal issue to the Saskatchewan Court of Appeal for its opinion. The opinion of the Court of Appeal is considered to be a judgment for the purposes of an appeal to the Supreme Court. The Act also provides that questions arising under federal-provincial taxation agreements can be referred to the Court of Appeal.

The Constitutional Questions Act also sets out notice requirements when constitutional issues are raised in the Saskatchewan courts. Notice must be given to the Attorneys General of Canada and Saskatchewan when:

• the constitutional validity or constitutional applicability of any provincial or federal act, proclamation, order in council, or regulation is challenged; or
• an application is made to obtain a remedy under the Canadian Charter of Rights and Freedoms, other than the exclusion of evidence.

The Attorneys General are entitled to make submissions on the constitutional issue. If the case goes on appeal, they are entitled to participate in the appeal.

A similar provision requires that a party intending to challenge provincial subordinate legislation on non-constitutional grounds must give notice to the Attorney General for Saskatchewan.