Binnie J.
Binnie J. – The Attorney General for Saskatchewan seeks an order directing the Saskatchewan Indian Gaming Authority Inc. to serve the Attorney General of Saskatchewan with the application for leave to appeal in this matter. Rule 23(10) provides that:
An applicant shall serve the application for leave on the parties in the courts below and shall file the application for leave with the Registrar within the time set out in paragraph 58(1)(a) and subsection 58(2) of the Act or as extended pursuant to subsection 59(1) of the Act. [Emphasis added.]
Rule 1 defines a party to include “an intervener unless the text provides otherwise or unless the context does not so permit”. Section 8 of the Constitutional Questions Act, R.S.S. 1978, ch. C-29, provides in subs. (9) that where the Attorney General for Saskatchewan appears in a proceeding before a court in Saskatchewan in respect to a Constitutional Question “he is a party for the purposes of appeal from an adjudication therein respecting the validity or applicability of a law or respecting entitlement to a remedy”.
There is no doubt that the Saskatchewan Indian Gaming Authority Inc. was required to serve the Attorney General for Saskatchewan with the leave application to this Court. Accordingly an order will go directing the applicant Saskatchewan Indian Gaming Authority Inc. to serve the Attorney General for Saskatchewan with the application for leave to appeal and any other materials that the applicant may subsequently file in this matter, and permitting the Attorney General for Saskatchewan to file his response within thirty days from the date of such service.
The Attorney General for Saskatchewan is entitled to his costs of this motion in any event of the cause.