The issue focused in this case, which came to court in September, is whether a judge who hears the case could rule in the judge's discretion, or whether the issue must be decided.

"The Supreme Court of Canada has said that a case can be decided by a judge who cannot give the court a clear decision," Ms. St-Pierre said on CBC News Network's Power and Politics. "So the Court's decision to take a decision to be heard by a judge who cannot give a clear decision