PART 3Rules that Apply to Both Admissibility Hearings and Detention Reviews (continued)
Proceeding Conducted in Public
Marginal note:Application for proceeding conducted in public
Marginal note:Content of application
(2) In the application, the person must
Marginal note:Providing the application
(3) The person must provide the original application and two copies to the Division. The Division must provide a copy of the application to the parties.
Marginal note:Time limit
(4) A document provided under this rule must be received by the Division
Notice of Constitutional Question
Marginal note:Notice of constitutional question
Marginal note:Form and content of notice
(2) The party must provide notice using either Form 69, “Notice of Constitutional Question”, set out in the Federal Court Rules, 1998, or any other form that includes
(a) the name of the party;
(b) the Division file number;
(c) the date, time and place of the hearing;
(d) the specific legislative provision that is being challenged;
(e) the relevant facts relied on to support the constitutional challenge; and
(f) a summary of the legal argument to be made in support of the constitutional challenge.
Marginal note:Providing the notice
(3) The party must provide
(a) a copy of the notice of constitutional question to the Attorney General of Canada and to the attorney general of every province and territory of Canada, in accordance with section 57 of the Federal Courts Act;
(b) a copy of the notice to the other party; and
(c) the original notice to the Division, together with a written statement of how and when a copy of the notice was provided under paragraphs (a) and (b).
Marginal note:Time limit
(4) Documents provided under this rule must be received by their recipients no later than 10 days before the day the constitutional argument will be made.
- 2002, c. 8, s. 182
Marginal note:Oral representations
48 Representations made by a party must be made orally at the end of a hearing unless the Division orders otherwise.
Marginal note:No applicable rule
49 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.
Marginal note:Powers of the Division
50 The Division may
(a) act on its own, without a party having to make an application or request to the Division;
(b) change a requirement of a rule;
(c) excuse a person from a requirement of a rule; and
(d) extend or shorten a time limit, before or after the time limit has passed.
Marginal note:Failing to follow a rule
51 Unless proceedings are declared invalid by the Division, a failure to follow any requirement of these Rules does not make the proceedings invalid.
Coming into Force
Marginal note:Coming into force
Return to footnote *[Note: Rules in force June 28, 2002, see SI/2002-97.]
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