CIVIL PROCEDURE - References and inquiries - Constitutional references

Law360 Canada (September 21, 2022, 6:21 AM EDT) -- Reference filed by the Attorney General of Nova Scotia concerning whether the Public Services Sustainability (2015) Act (PSSA) violated the Canadian Charter of Rights and Freedoms (Charter). The PSSA imposed time limited wage restraint on unionized public-sector employees. The relevant provisions of the PSSA were proclaimed in force on August 22, 2017. On that same date, the Attorney General filed a reference with this Court pursuant to s. 3 of the Constitutional Questions Act. The questions before the Court were whether sections 7 to 23 of the PSSA violated the Charter and, if so, whether those sections were saved by operation of s. 1 of the Charter. The Attorney General filed the Record representing the only evidence which could be considered. The Unions were not permitted to contest the contents of the Record by adducing additional evidence. The Unions took the position that the Court should not consider any of the Record documents as proof of the facts they contained, nor should the Court draw any factual inferences as suggested by the Attorney General....
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