Constitutional Notice Regulation (Alta. Reg. 102/1999)

Alta. Reg. 102/1999

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 102/1999 With amendments up to and including Alberta Regulation 76/2023 Current as of April 1, 2023 JUSTICE OF THE PEACE ACT COURT OF JUSTICE ACT CONSTITUTIONAL NOTICE REGULATION

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 76/2023) ALBERTA REGULATION 102/99 Justice of the Peace Act Court of Justice Act CONSTITUTIONAL NOTICE REGULATION Notice of constitutional remedy 1(1) Unless a notice has been given under

section 24 of the Judicature Act, if in a proceeding in the Court of Justice relating to the prosecution of an offence under

an Act of the Legislature or

an Act of the Parliament of Canada, an application is to be made to seek (

a) a remedy under

section 24(1) or (2) of the Canadian Charter of Rights and Freedoms or under

section 52(1) of the Constitution Act, 1982, or (

b) a determination of any aboriginal or treaty rights under

section 35 of the Constitution Act, 1982, a written notice of the application must be given.

(2) A notice must be given not less than 14 days before the date on which the proceeding is scheduled to commence unless the prosecutor agrees to a shorter period of time.

(3) The notice must be given (

a) to the clerk of the Court of Justice, and (

b) to the office of the prosecutor having carriage of the proceeding.

(4) The notice must state (

a) the law in question, the right or freedom alleged to be infringed or denied or the aboriginal or treaty right to be determined, as the case may be, (

b) the day and place on which the application is to be argued , (

c) the relief sought, and (

d) the grounds to be argued, including a concise statement of the constitutional principles to be argued and a reference to any statutory provision or rule on which reliance will be placed.

Section 2 AR 102/99 CONSTITUTIONAL NOTICE REGULATION 2

(5) If a notice under

section 24 of the Judicature Act or a notice under this

section is given, the proceeding is to be heard by a judge of the Court of Justice.

(6) Where a notice under

section 24 of the Judicature Act has not been given in accordance with that Act or a notice under this

section has not been given within the time provided under subsection (2) but the notice is given after the proceeding has commenced, if the proceeding is presided over by a justice of the peace, the justice of the peace (

a) may continue to conduct the proceeding notwithstanding

section 3(2) of the Justice of the Peace Regulation (AR 6/99) or may transfer the proceeding to a judge of the Court of Justice, and (

b) notwithstanding clause (a), must transfer the proceeding t o a judge of the Court of Justice if requested by the prosecutor or the accused. AR 102/99 s1;251/2001;110/2012;76/2023 Coming into force 2 This Regulation comes into force on September 1, 1999.

Printed on Recycled Paper *9780779841806*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 102/1999
Type	regulation
Volume / chapter	1999 102
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	7987b497ffab7a2683b0c91a3b5ed758a3954a59

Source file is stored in the law ingest library (pdf).