2nd Session, 43rd Legislature

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Bill 50

THE CONSTITUTIONAL QUESTIONS AMENDMENT ACT

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C180 amended

1   The Constitutional Questions Act is amended by this Act.

2   The following is added after section 1:

Reference — use of notwithstanding clause

1.1(1)   If an Act of the Legislature contains a declaration pursuant to section 33 of the Canadian Charter of Rights and Freedoms stating that a provision of the Act operates notwithstanding a provision of the Charter, the Lieutenant Governor in Council shall refer the Act to the Court of Appeal in accordance with this section, and the court shall consider the matter.

Content of referral

1.1(2)   The referral shall seek the opinion of the court on whether

(a) the provision of the Act violates section 2 or sections 7 to 15 of the Charter; and

(b) if so, whether the provision of the Act is reasonable and demonstrably justified pursuant to section 1 of the Charter.

Timing of referral

1.1(3)   The referral must be made within 90 days after the enactment of the Act.

Coming into force

3   This Act comes into force on the day it receives royal assent.