NOTICE UNDER THE CONSTITUTIONAL QUESTIONS ACT Q.B. No 5261 of A.D. 1988

Q.B. No 5261 of A.D. 1988
C A N A D A
PROVINCE OF SASKATCHEWAN

IN THE QUEEN'S BENCH
JUDICIAL CENTRE OF SASKATOON

B E T W E E N:

JAMES GARRY HUNTER,

PLAINTIFF

- and -

KINDERSLEY TRANSPORT LTD
BRADLEY B. FRIESEN

DEFENDANTS


NOTICE UNDER THE CONSTITUTIONAL QUESTIONS ACT


JAMES G. HUNTER
P.O. BOX 7645
SASKATOON, SASKATCHEWAN
S7K 4R4


NOTICE UNDER THE CONSTITUTIONAL QUESTIONS ACT

NOTICE IS HEREBY GIVEN in accordance with Section 8 of the CONSTITUTIONAL QUESTIONS ACT that JAMES G. HUNTER, APPLICANT and Plaintiff, will bring into question the constitutional validity and/or constitutional applicability of Section 79 and Section 39 subsection 9 paragraph (1),(2),(3),(4),(5) of The Automobile Accident Insurance Act and will make an application to obtain a remedy pursuant to Section 24 of the Canadian Charter of Rights and Freedoms.

The Plaintiff/Applicant seeks a declaration pursuant to Section 52 of the CANADA ACT that Section 79 and Section 39 subsection 9 paragraph (1),(2),(3),(4),(5) of The Automobile Accident Insurance Act is inconsistent with the provisions of the Constitution and is to the extent of inconsistency of no force or effect.

The Applicant further seeks a remedy pursuant to Section 24 of the Canadian Charter of Rights and Freedoms for the infringement of his constitutional rights.

The constitutional right infringed and/or the Section of the Constitution with which Section 79 and Section 39 subsection 9 paragraph (1),(2),(3),(4),(5) of The Automobile Accident Insurance Act is inconsistent is Section 15 of the Canadian Charter of Rights and Freedoms which provides as follows:

"Every individual is equal before law and under the
law and has the right to the equal protection and
equal benefit of the law without discrimination and
in particular without discrimination based on race,
national or ethnic origin, color, religion, sex, age,
or mental or physical disability."


The Applicant further states that Section 79 and Section 39 subsection 9 paragraph (1),(2),(3),(4),(5) of The Automobile Accident Insurance Act is discriminatory on the basis of every individual is equal before law and under the law and has the right to the equal protection and equal benefit of the law.

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AND FURTHER TAKE NOTICE that the day and place for the argument of the question is Tuesday the 18th day of July, A.D. 1989, at the Court of Queen's Bench, Court House, 520 Spadina Crescent East, Saskatoon, Saskatchewan, at 10:00 o'clock in the forenoon, being the day and place for an Notice of Motion for an order under Rules 188 and 189 of the Queen's Bench Rules of Court.


DATED at the City of Saskatoon, in the Province of Saskatchewan, this day of July, A.D. 1989.



JAMES HUNTER
_______________
PLAINTIFF


This Notice was delivered by:


JAMES G. HUNTER
Plaintiff
P.O. Box 7645
Saskatoon, Saskatchewan
S7K 4R4

and the address for service is the same as above

Telephone (306) 653-3727

TO: Registrar, Court of Queen's Bench
Attorney General of Canada
Attorney General of Saskatchewan
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