L'utilisation de la procédure de l’avis consultatif devant la Cour suprême du Canada : Essai de typologie

The reference (or advisory opinion) procedure has been the subject of many studies, many of which emphasize its alleged procedural weaknesses. The present article, distinguishing itself from the foregoing approach, examines the types of problems and questions submitted by reference to the Supreme Court since its creation in 1875. The Supreme Court has rendered approximately 140 advisory opinions, here classified into five categories. It becomes apparent that the procedure has made a contribution, sometimes overlooked by opponents.