Algonquins of Pikwakanagan v. Ontario, 2010 ONCA 439, released today, is a good source the law on when constitutional issues must be raised:
[4] It is well-established in Canadian law that where an accused person raises constitutional issues, claims of aboriginal right; inter-jurisdictional immunity or rule of law issues by way of defence to a charge, the proper place to advance those defences is in the court having jurisdiction to entertain the charges.
James Morton
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