R v Purtill – 2012 OJ No 2769 (SCJ – Gorman):

[9] The fact that the short notice to the Attorney General of Ontario and the Attorney General of Canada effectively amounted to no notice at all, is presumptively unfair. To permit the constitutional argument to proceed in the absence of any consideration by those branches of the government would be tantamount to having a one-sided hearing. I am not prepared to proceed in such a fashion. Accordingly the court is not prepared to entertain argument on the constitutionality of the legislation.