Comment: When the judges of the Supreme Court of Canada sit as an advisory board under s. 53 of the Supreme Court Act, they are not a "court" and their advisory opinions are not law and are not binding. This has been made clear repeatedly, most notably by...
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Comment: When the judges of the Supreme Court of Canada sit as an advisory board under s. 53 of the Supreme Court Act, they are not a "court" and their advisory opinions are not law and are not binding. This has been made clear repeatedly, most notably by the Judicial Committee of the Privy Council in 1912, where Lord Chancellor Lord Loreburn, writing for the Board, said unequivocally in relation to these the "extra-judicial" (NON-judicial) opinions of the Supreme Court of Canada:
"But the answers are only advisory and will have no more effect than the opinions of the law officers."
He means no "LEGAL" effect.
Therefore, it is not a good idea, because it is FUTILE and contrary to fact and law, to quote the dictators -- I mean the Supreme Court's non-judicial advisory board, and then say, "the Supreme Court SAID" as if you have just quoted "law".
Moreover, the advisory jurisdiction itself is void as unconstitutional, and this has been known since before it was passed in 187
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