The top court said public interest standing allows organizations to bring cases before the courts even if they are not directly involved.
The court’s unanimous decision Thursday came six years after the Council of Canadians with Disabilities contested the constitutionality of mental-health legislation in B.C. that allows non-consensual psychiatric care.
A judge ruled the action should be dismissed on the basis that the council lacked public interest standing to pursue the challenge on its own.Article content In its decision, the country’s top court said public interest standing allows individuals or organizations to bring cases before the courts even though they are not directly involved in the matter and even though their own rights are not infringed.Article content
A court must also be mindful of allocating scarce judicial resources and screening out busybody litigants, ensuring the courts have the benefit of contending points of view of those most directly affected by the issues, the Supreme Court said.Article content The council’s pleadings are well drafted and raise a serious issue: the constitutionality of laws that implicate — and allegedly violate — the Charter rights of people with mental disabilities, he added.
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