Constitution - Notice of Constitutional Question (NCQ)
. Ruck v. Mississauga (City)
In Ruck v. Mississauga (City) (Ont CA, 2025) the Ontario Court of Appeal considered the mandatory nature of filing a Notice of Constitutional Question [under CJA s.109], where attempting to raise constitutional (both Charter and not) issues:
[1] It is our view that s. 109 of the Courts of Justice Act had to be complied with. Both Attorneys General were entitled to notice of the constitutional issue, to file evidence and to make submissions, if they chose to do so. The requirements of the section are mandatory. In light of that, we are compelled to set aside the order below, and if Mr. Ruck wishes to pursue the matter, it must be reheard before a judge of the Superior Court of Justice on proper notice to the Federal and Provincial Attorneys General. ....
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