Supreme Court Act - Section 53

Section 53

Section 53 gives the government the ability to submit Reference questions. This has been controversial as the Constitution Act, 1867 provides for a general court of appeal, but not for a court that may receive reference questions; however, this provision has been upheld as constitutional.

In Reference re Secession of Quebec, the Supreme Court examined the applicability of section 53. The Quebec government argued that the right to secede was an invalid basis for a reference question, but the Court disagreed.

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