Chapter Seven - Standing Orders

Any member of a court, other than a party at its bar, is entitled to have his dissent recorded in respect of a decision, provided:

1. he has voted against the decision, i.e. he voted in the minority; and
2. such a decision has been made after a show of hands "for" and "against", or a recorded count, or a division; and
3. the matter is not a resolution of the committee of the whole, or a decision on an amendment, or part of a judicial case; and
4. the dissent is indicated when the decision is announced; and
5. the dissent is not against carrying out an instruction of a higher court.

Reasons for dissent need not be given. However, when a member is recording his dissent he may also at the same time give in brief reasons which are not a discussion of the subject. These reasons, while not a discussion of the subject, serve to justify his position in dissenting. They are recorded without comment or debate provided, they are not disrespectful to the court or injurious to a party.

A member who has dissented but not already given in reasons may do so in writing, and read them without comment either:

1. immediately after the minutes recording his dissent are confirmed by the court; or
2. immediately after the motion to refer the confirmation of the minutes to a special commission is approved.

Such reasons (which are not subject to debate) are held in the court's records, unless the court expressly directs that they be recorded in the minutes.

When considered necessary the court appoints a committee of its own members to prepare answers to reasons for dissent. The report of the committee may be debated, amended, or otherwise dealt with as is any other report. The answers approved are recorded in the minutes or held in the court's records in the same way as the reasons have been recorded or held.