Bill C-234
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1st Session, 37th Parliament, 49-50 Elizabeth II,
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House of Commons of Canada
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BILL C-234 |
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An Act to amend the Supreme Court Act
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| S.R., 1985, c.
S-26
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1. The Supreme Court Act is amended by
adding the following after section 52:
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52.1 Where the question heard and
considered by the Court concerns the
constitutional validity of any Act or any
provision of an Act, the Court shall consider
any parliamentary or other extrinsic materials
that deal with the purpose or intended effect of
the particular provision or the Act being
considered, such as commission of inquiry or
law commission reports, debates of the House
of Commons or of the Senate, or debates of the
legislature of any province.
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52.2 Where the question heard and
considered by the Court concerns the
constitutional validity of any Act or any
provision of an Act and the judgment of the
Court is not unanimous, the decision of the
Court shall be deemed to be applicable only to
the particular case being heard and not
considered a precedent in relation to other
circumstances in which the same
constitutional issue arises.
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