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Supreme Court Law Review, 2nd Series, Volume 90

This volume is a collection of papers presenting an overview of theories and strategies for public interest litigation, a specialized area of litigation aimed to bring about social impact, and the various avenues and methodologies that have been used in Canadian history.
Publication Language: English
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$225.00
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ISBN/ISSN: 9780433500940

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As the country's highest appellate court, the Supreme Court of Canada produces the nation's most authoritative jurisprudence. Since its initial publication in 1980, the Supreme Court Law Review offers a thorough analysis of key decisions by the Supreme Court, while critically examining the soundness of those decisions. This highly regarded title remains one of the top annual publications in law libraries and institutions across Canada and worldwide.

Now in its second series, the Supreme Court Law Review publishes 4-5 times a year.

This text presents an overview of theories and strategies for public interest litigation and the various avenues and methodologies that have been used in Canadian history. It also examines its development since the introduction of the Charter, challenges and successes, procedural issues, the role of intervenors and its social impact.

The volume is broken down into four parts, with each part comprising long analytical essays and a few case comments. The four parts are:

  1. Overarching Themes and Strategies in PIL in Canada
  2. Procedural and Technical Issues
  3. Interventions
  4. Case Studies

Featured authors

Table of contents

PART I: OVERARCHING THEMES & STRATEGIES IN PIL IN CANADA

Articles

• Basil Alexander. Pragmatic Assorted Strategies: How Canadian Cause Lawyers Contribute to Social Change.
• Fay Faraday, Tracy Heffernan & Helen Luu. Winning the Right to Housing: Critical Reflections on a Holistic Approach to Public Interest Litigation.
• Helgi Maki & C. Tess Sheldon. Trauma-Informed Strategies in Public Interest Litigation: Avoiding Unintended Consequences Through Integrative Legal perspectives.

Case Comments

• Joëlle Pastora Sala & Allison Fenske. The Wheels of Justice: Reflections from the Public Interest Law Centre of Legal Aid Manitoba.
• Anne Levesque. The Symbiotic Relationship between Social Movements and Public Interest Litigation: A case study of the I am a Witness Campaign and the human rights complaint of 165,000 First Nations kids.
• Josh Paterson. The Work Outside the Courtroom: Public and Government Engagement in the Carter v Canada case.


PART II: PROCEDURAL AND TECHNICAL ISSUES

Articles

• Gerard J. Kennedy & Lorne Sossin. Justiciability, Access to Justice and Summary Procedures in Public Interest Litigation.
• Angus Grant. Stand By Me: Public Interest Standing and Immigration and Refugee Advocacy in Canada.

Case Comments

• Maureen Silcoff. Public Interest Party Status: A study of Y.Z v Canada.
• Christine Laing. Yaiguaje and Security for Costs: Litigation Tactics Yield to Advancing and Restating the Law.


PART III: INTERVENTIONS

Articles

• Daniel Sheppard. Just Going Through the Motions: The Supreme Court, Interest Groups and the Performance of Intervention.
• Kathryn Chan and Howard Kislowicz. Divine Intervention: A study of the Operation and Impact of NGO Interveners in Canadian Religious Freedom Litigation.
• Barry W. Bussey. The Law of Intervention After TWU Law School Case: Is Justice Seen to be Done?
• Maegen Giltrow & Nathan Hume. Shadow Interveners in Aboriginal Rights Litigation.

Case Comments

• Christopher D. Bredt, Ewa Krajewska & Mannu Chowdhury. With a Little Help from Too Many Friends? Lessons from TWU and Comeau on Intervening before the Supreme Court.
• Gavin Magrath & Gail Davidson. Balancing Act: Practical Lessons for Human Rights Interventions.
• Eleanor Vaughan. Friends of the Court: Public Interest Interveners in Lizotte v Aviva Insurance Company of Canada and Alberta (Information and Privacy Commissioner) v University of Calgary.
• Karen R. Spector. Legal Strategies for Intervention in Cases Advancing the Rights of Persons with Mental Health Disabilities.


PART IV: CASE STUDIES IN CANADIAN PUBLIC INTEREST LITIGATION

Article

• E. Richard Gold & Rachel Meland. Locating the Public Interest in Patent Law.

Case Comments

• Immigration/Habeas Corpus - Joshua Blum. The Boxes Law Puts Us In: A Comment on Ali v Canada (Attorney General).
• Immigration/Habeas Corpus - David Cote & Subodh Bharati. Habeas Corpus and Immigration Detention: a case study of Scotland v Canada (Attorney General).
• Prison Rights Litigation - Alison Latimer. Solitary Confinement: A Test Case Litigation Story.