The respondent was found incapable of consenting to treatment and appealed the decision.
The motions judge, on her own motion, found that the respondent had a constitutional right under s. 7 of the Charter to publicly-funded counsel and ordered the government to pay his legal fees.
The Attorney General was not given formal notice of the constitutional question before the order was made.
The Attorney General appealed and brought a preliminary motion to declare the order invalid.
The Court of Appeal granted the motion, holding that s. 109 of the Courts of Justice Act is mandatory and the failure to give notice invalidates the decision.
