Rare but True- Supreme Court Asked To Rule While Lower Court Still Hearing

Supreme-Court-CanadaSome incidents are extremely rare but are however true and bizarre.

In Canada there have few exceptional incidents where the Supreme Court of Canada, which is Canada's highest instance of appeal has been asked to rule on a matter while a lower court in one or more provinces is yet to decide on the very same issue.

Reports claim that the provinces of Quebec and Alberta are both ferociously challenging what they perceive as an encroachment into what is now the provincial jurisdiction.

Under the proposed federal bill, the current 13 provincial and territorial securities commissions would be replaced by one regulator.

According to Raymond Doray, a constitutional specialist with Lavery LLP in Montreal who is also representing the Quebec Bar, that supports the Quebec government position as an intervener says, "There are no rules that if the Quebec Court of Appeal is seized with a question referred to the Supreme Court that it should stop hearing the case".

Commenting on the current situation Michel Brunet, the Fraser Milner Casgrain LLP lawyer who is co-coordinating the legal efforts within the firm in support of the attorney-general offices of both Quebec and Alberta and Quebec's financial regulator said that it was not atypical. In some cases the Supreme Court of Canada has stated in the past that it would be happy to look at the analysis that are made by the Court of Appeal before the Supreme Court considers the matter on its own.