When will a trial judge decide or not to hear an application challenging the constitutional validity of a law?
Saskatchewan, Canada
The following excerpt is from R. v. Brooks, 2009 SKQB 509 (CanLII):
This question will be relevant and must be decided if and when the matter is raised and the court is required, in the circumstances of any future case, to render a judgment upon that question. (See the discussion of when a trial judge should decide or not applications challenging the constitutional validity of a law in Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 at para. 9 (S.C.C.)) 17. CONCLUSION
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