L'UTILISATION DE LA PROCEDURE DE L'AVIS CONSULTATIF DEVANT LA COUR SUPREME DU CANADA: ESSAI DE TYPOLOGIE

Abstract

The reference (or advisory opinion) procedure has been the subject of many studies, most of which emphasize its alleged procedural weaknesses. The present article, distinguishing itself from the foregoing studies, examines exhaustively and systematically the types of problems and questions submitted by reference to the Supreme Court since its creation in 1875 and how this reference procedure has assisted in clarifying the latter. The Supreme Court has rendered approximately 130 advisory opinions, here classified into five categories. It becomes apparent that the reference procedure has made an undeniable contribution, sometimes overlooked by its opponents.