The applicants sought leave to appeal and cross-appeal, as well as an order to expedite the hearing to take place immediately prior to a national referendum.
The Supreme Court of Canada granted leave to appeal and cross-appeal, waiving ordinary rules of procedure.
However, the Court refused the request for an expedited hearing on one day's notice, noting the constitutional importance of the issues, the right of Attorneys General and potential interveners to be heard, and the impossibility of adequately deliberating before the referendum.