C-25 - Code of Civil Procedure

Section 95 Disposition versions

2007-03-15

95. Unless the Attorney General has previously received a notice in accordance with this section, no provision of a statute of Québec or Canada, of a regulation made thereunder, of an order, of an order in council or of a proclamation of the Lieutenant-Governor, the Governor General, the Gouvernement du Québec or the Governor General in Council may be declared inapplicable constitutionally, invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom) or the Charter of human rights and freedoms (chapter C-12), by a court in Québec.

Such notice is also required when a person sues the State or the Public Administration for compensation for a violation or negation of the person’s fundamental rights and freedoms under the Charter of human rights and freedoms or the Canadian charter of rights and freedoms.

The notice shall set forth, in a precise manner, the nature of the pretensions and the grounds relied upon. It is to be accompanied with a copy of the proceedings and served by the person who intends to raise the question not later than 30 days before the date of the hearing. Only the Attorney General may waive such notice.

No application may be determined by the court unless the notice has been validly given, and the court shall adjudicate only upon the grounds set forth in the notice.

The notices referred to in this article are also served on the Attorney General of Canada when the provision concerned comes under federal jurisdiction. They are also served on the Director of Criminal and Penal Prosecutions when the provision relates to a criminal or penal matter.

1965 (1st sess.), c. 80, a. 95; 1985, c. 29, s. 6; 2005, c. 34, s. 43.

1985-09-01

95. Unless the Attorney General has previously received a notice in accordance with this section, no provision of a statute of Québec or Canada, of a regulation made thereunder, of an order, of an order in council or of a proclamation of the Lieutenant-Governor, the Governor General, The Gouvernement du Québec or the Governor General in Council may be declared inapplicable constitutionally, invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom) or the Charter of human rights and freedoms (chapter C-12), by a court in Québec.

The notice shall set forth, in a precise manner, the nature of the pretensions and the grounds relied upon. It shall be accompanied with a copy of the proceedings and served by the person who intends to raise the question not later than 30 days before the date of the hearing.

The court shall adjudicate only upon the grounds set forth in the notice.

1965 (1st sess.), c. 80, a. 95; 1985, c. 29, s. 6.

1977-12-31

95. The constitutionality of any statute of Québec or of Canada, or the validity of a proclamation or order of the Governor-General, Lieutenant-Governor, Governor-General in Council or Gouvernement du Québec, cannot be put in question before the courts of Québec unless the Attorney General has been notified thereof at least ten days before the date of the hearing.

Such notice is given by the party who intends to raise the question and must set forth both the nature of his pretensions and the grounds upon which he relies, which will be the only grounds upon which the court can adjudicate.

1965 (1st sess.), c. 80, a. 95.