Draft Order

Add Style of Cause and PRINT.
 

ORDER

 
UPON READING the Notice of Motion, the Affidavit of Kathleen Pageot and the exhibits thereto;

AND UPON BEING ADVISED that the Applicant has commenced an Application for Judicial Review challenging the constitutional validity of the purported advisory (“reference”) jurisdiction exercised under section 53 of the Supreme Court Act;

AND UPON BEING SATISFIED that it is just and appropriate to preserve the constitutional and legal status quo pending final determination of the Application;
 

THIS COURT ORDERS THAT:

1. Pending final determination of this Application for Judicial Review, no advisory opinion issued in the purported exercise of the advisory (“reference”) jurisdiction under section 53 of the Supreme Court Act, including but not limited to Reference re Secession of Quebec, [1998] 2 S.C.R. 217, shall be treated or relied upon by or on behalf of the Respondent as an operative legal premise authorizing federal executive action.

2. Pending the final determination of this Application for Judicial Review, any use of procedures under sections 36 or 54 of the Supreme Court Act is stayed insofar as such use presupposes or relies upon advisory opinions issued under section 53 of the Act as operative legal premises for federal executive action.

3. For greater certainty, the restraints in paragraphs 1 and 2 apply to any use or reliance upon such advisory opinions as a premise for initiating, justifying, structuring, or advancing any federal process, decision, or course of conduct that purports to engage, negotiate, facilitate, or respond to a claim of constitutional secession, independence, or dissolution of the constitutional order of Canada established at Confederation.

4. For further certainty, this Order restrains only use or reliance by or on behalf of the Respondent in the exercise of federal executive authority, and does not restrain Parliament or the Supreme Court of Canada.

5. There shall be no order as to costs.

DATED at Montréal, Québec, this ___ day of __________, 2026.

Judge of the Federal Court