So I share Chief Justice Joyal's discomfort at some of the post-Charter jurisprudential developments — at the excessive ease with which courts have sometimes
granted public interest standing, the creation of constitutional «rights» out of whole cloth, the often unprincipled application of section 1 balancing.
Applying it here, my view is that the Society and Ms. Kiselbach should be
granted public interest standing.
The British Columbia Court of Appeal found that they should be
granted public interest standing to pursue this challenge; the Attorney General of Canada appeals.
A decision by the Supreme Court of Canada reflects a trend toward expanding the circumstances where tribunals will
grant public interest standing to people who don't have a direct private interest in the matter, according to a Toronto lawyer.
Justice Thomas Cromwell wrote that judges should take a «liberal, generous and purposive approach to
granting public interest standing.»
Judicial capacity to
grant public interest standing, she argues, is -LSB-...]
Whether administrative agencies can
grant public interest standing the way that courts do is an unsettled question.
The B.C. Court of Appeal reversed that decision,
granting them public interest standing, and this position was upheld this week at the Supreme Court of Canada in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society.
In a unanimous decision, the Supreme Court decided in favour Kiselbach and SWUAV and laid out a more flexible version of the legal test for courts deciding whether to
grant public interest standing in future.
Not exact matches
A recent Supreme Court decision clarifies Canadian courts» discretion in
granting standing to
public interest groups to pursue litigation aimed at protecting the rights of vulnerable groups in Canada.
Chief Justice Fraser would have
granted the applicants
public interest standing and reviewed the chambers judge's conclusion that the application was an abuse of process because it was not brought before the courts by way of the proper legal vehicle.
As recently pointed out in
Grant v. Torstar Corp., 2009 SCC 61, [2009] 3 S.C.R. 640, the protection attaching to freedom of expression is not limited to the «traditional media», but is enjoyed by «everyone» (in the words of s. 2 (b) of the Charter) who chooses to exercise his or her freedom of expression on matters of
public interest whether by blogging, tweeting,
standing on a street corner
That decision
granted standing to a
public interest group and a former sex worker as part of a constitutional challenge to the country's prostitution laws.
In order to bring a court case challenging a law or government decision, an applicant must be
granted «
standing» either because they are personally effected by the outcome of the case or because they are well situated to bring a case on a matter of legitimate
public interest.