Conclusion on Access to Justice and Legality in Public Interest Standing Law Sample Clauses

Conclusion on Access to Justice and Legality in Public Interest Standing Law. [56] The Court of Appeal was wrong to conclude that the principles of legality and access to justice merit “particular weight” in the Downtown Eastside analysis. This Court’s case law, and in particular the existing Downtown Eastside framework, already addresses these factors in both implicit and explicit fashion. However, it does not assign them a place of principal importance in the analysis. [57] Legality, for example, is taken into account in the context of the “reasonable and effective means” factor (Downtown Eastside, at para. 49), and may also be considered in relation to the “interrelated matters” that can assist a court in assessing that factor (para. 51). As for access to justice, it too is taken into consideration in assessing whether a suit is a reasonable and effective means of bringing an issue before the courts. And it is also accounted for in the context of the “serious justiciable issue” factor, which allows courts to screen out unmeritorious claims and ensure that judicial resources remain available to those who need them most. [58] Because legality and access to justice feature most prominently in relation to the third factor, attaching “particular weight” to them would effectively transform the “reasonable and effective means” factor into a determinative one. This Court 2022 SCC 27 (CanLII) explicitly warned against such an outcome in Downtown Eastside. It encouraged courts to take access to justice and legality into account, but specified that “this should not be equated with a license to grant standing to whoever decides to set themselves up as the representative of the poor or marginalized” (para. 51). [59] In Downtown Eastside, the Court endorsed a flexible, discretionary approach to public interest standing. This approach must be guided by all the underlying purposes of limiting standing, as well as by legality and access to justice. While access to justice and, in particular, legality were central to the development of the law of public interest standing, and while they are important considerations, they are not the only concerns to take into account. Put another way, no one purpose, principle or factor takes precedence in the analysis.
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