Can a Master of the Superior Court of Justice consider a Charter amendment application?
Alberta, Canada
The following excerpt is from Can v. Calgary Police Service, 2012 ABQB 340 (CanLII):
Section 9(3)(e) prohibits a master from doing anything that by law is required to be done by a judge. The law does not require a judge to consider the question of whether there is a genuine issue for trial regarding a claim for a declaration of breach of the Charter. There is precedent for a Master considering the Charter in the context of an amendment application: Gendreau v. Alberta, 2010 ABQB 781, 507 A.R. 159 at paragraph 13 (Master Prowse).
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