BRITISH COLUMBIA (ATTORNEY GENERAL) v ALBERTA (ATTORNEY GENERAL), 2019 ABQB 121
3.68: Court options to deal with significant deficiencies
The Plaintiff, Attorney General of British Columbia (“AGBC”), commenced this Action against the Defendant, Alberta (Attorney General) (“AGAB”), seeking a declaration that a piece of Alberta legislation, the “Preserving Canada’s Economic Prosperity Act, SA P21.5” (the “Act”), was unconstitutional and of no force and effect.
The AGAB filed an Application to strike the Action pursuant to Rule 3.68, arguing that the Action was premature, and the Act had not yet come into force. Therefore, the Defendant, AGAB, argued that the Court had no jurisdiction to consider the viability of the Act.
Hall J. agreed with these arguments made by the AGAB. His Lordship confirmed that the Court may only grant declaratory relief “when the dispute before the court is real and not theoretical.” His Lordship ruled that this Action was premature because the Act it impugned was not yet in force but stated that the Action could be recommenced if the Government of Alberta did in fact proclaim the Act in force.
The Application was granted and the parties were invited to speak to Costs at a later date if they could not agree.View CanLII Details