were not hard and fast rules or to the subsequent Supreme Court of Canada decisions to which Professor Hogg refers. Other Canadian courts confronted with the problem have suspended the coming into effect of their orders. Thus in Quebec Lamelin J suspended for two years the order she made in Hendricks v Quebec Procureur General,[1] as did the majority of the Divisional Court in the Halpern case.[2] The British Columbia Court of Appeal suspended its order in EGALE Canada Inc v Canada (Attorney General)[3] until the expiry of the two year period imposed in the Halpern case in the Divisional Court. After the Attorney General of Canada indicated that he did not intend proceeding with his appeal against the Court of Appeal decision in the Halpern case, the Quebec and British Columbia suspensions were uplifted.[4] The Supreme Court of Massachusetts stayed entry of its judgment in the Goodridge case for 180 days to permit the legislature to take such action as it might deem appropriate in the light of the Court's opinion.
[148]The power of a South African court to suspend the coming into effect of an order in a constitutional case to enable the
- ↑ [2002] RJQ 2506 (Superior Court of Quebec).
- ↑ Supra.
- ↑ (2003) 225 DLR (4th) (BCCA)
- ↑ See Catholic Civil Rights League v Hendricks [2004] QJ No 2593 and EGALE Canada Inc v Canada (Attorney-General) 228 DLR (4th) 416 (BCCA).
