Reference re Public Services Sustainability (2015) Act

Reference re Public Services Sustainability (2015) Act

The Court of Appeal, as a statutory court with jurisdiction conferred by s.3 of the Constitutional Questions Act, possesses the authority to order production of documents as part of its power to control its own process; whether the Court will exercise that authority in this reference is deferred to a further hearing.

Citation
2020 NSCA 53
Parties
Referring Party: Attorney General of Nova Scotia; Intervenor: Intervenor Unions; Intervenor (not Participating): Attorney General of Manitoba
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
7 August 2020
Procedural Posture
Constitutional Reference / Preliminary Motion on Production Authority (motion Heard February 10, 2020)
Outcome
Motion allowed; Court ruled it has jurisdiction to order production of documents and deferred the decision whether to order production to a further hearing.
Legal Topics
Constitutional Reference, Production of Documents, Court Jurisdiction, Inherent Jurisdiction, Cabinet Confidentiality
Source Language
English
Constitutional Law Civil Procedure Administrative Law Labour Law Constitutional Reference Production of Documents Court Jurisdiction Inherent Jurisdiction +1 more

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Parties

Attorney General of Nova Scotia

Referring Party

Intervenor Unions

Intervenor

Attorney General of Manitoba

Intervenor (not Participating)

Procedural Posture

Constitutional Reference / Preliminary Motion on Production Authority (motion Heard February 10, 2020)

Legal Issues

  1. 1 Whether the Court of Appeal has the authority to order production of documents on a constitutional reference
  2. 2 Whether the Constitutional Questions Act or Civil Procedure Rules authorize production orders in a reference proceeding

Ratio Decidendi

The Court of Appeal, as a statutory court with jurisdiction conferred by s.3 of the Constitutional Questions Act, possesses the authority to order production of documents as part of its power to control its own process; whether the Court will exercise that authority in this reference is deferred to a further hearing.

Court Disposition

Motion allowed; Court ruled it has jurisdiction to order production of documents and deferred the decision whether to order production to a further hearing.

Orders

  • Preliminary ruling that the Nova Scotia Court of Appeal has authority to order production of documents on a constitutional reference
  • Further hearing to determine whether, in this Reference, a production order should be issued