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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
Book
$235.00
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Hardcover | 448 pages

In Stock
Published:
ISBN/ISSN: 9780433500940

Product description

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:

  • Part I: Overarching Themes and Strategies in PIL in Canada
  • Part II: Procedural and Technical Issues
  • Part III: Interventions
  • Part IV: Case Studies
 

Featured Authors

Table of contents

Part I: Overarching Themes and Strategies in PIL in Canada
Articles
Pragmatic Assorted Strategies: How Canadian Cause Lawyers Contribute to Social Change – Basil Alexander

Winning the Right to Housing: Critical Reflections on a Holistic Approach to Public Interest Litigation – Fay Faraday, Tracy Heffernan & Helen Luu

Trauma-Informed Strategies in Public Interest Litigation: Avoiding Unintended Consequences Through Integrative Legal perspectives – Helgi Maki & C. Tess Sheldon

Case Comments
The Wheels of Justice: Reflections from the Public Interest Law Centre of Legal Aid Manitoba – Joëlle Pastora Sala & Allison Fenske

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 – Anne Levesque

The Work Outside the Courtroom: Public and Government Engagement in the Carter v Canada case – Josh Paterson


Part II: Procedural and Technical Issues
Articles
Justiciability, Access to Justice and Summary Procedures in Public Interest Litigation – Gerard J. Kennedy & Lorne Sossin

Stand By Me: Public Interest Standing and Immigration and Refugee Advocacy in Canada – Angus Grant

Case Comments
Public Interest Party Status: A study of Y.Z v Canada – Maureen Silcoff

Yaiguaje and Security for Costs: Litigation Tactics Yield to Advancing and Restating the Law – Christine Laing


Part III: Interventions
Articles
Just Going Through the Motions: The Supreme Court, Interest Groups and the Performance of Intervention – Daniel Sheppard

Divine Intervention: A study of the Operation and Impact of NGO Interveners in Canadian Religious Freedom Litigation – Kathryn Chan and Howard Kislowicz

The Law of Intervention After TWU Law School Case: Is Justice Seen to be Done? – Barry W. Bussey

Shadow Interveners in Aboriginal Rights Litigation – Maegen Giltrow & Nathan Hume

Case Comments
With a Little Help from Too Many Friends? Lessons from TWU and Comeau on Intervening before the Supreme Court – Christopher D. Bredt, Ewa Krajewska & Mannu Chowdhury

Balancing Act: Practical Lessons for Human Rights Interventions – Gavin Magrath & Gail Davidson

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 – Eleanor Vaughan

Legal Strategies for Intervention in Cases Advancing the Rights of Persons with Mental Health Disabilities – Karen R. Spector


Part IV: Case Studies
Article
Locating the Public Interest in Patent Law – E. Richard Gold & Rachel Meland

Case Comments
The Boxes Law Puts Us In: A Comment on Ali v Canada (Attorney General) – Joshua Blum

Habeas Corpus and Immigration Detention: a case study of Scotland v Canada (Attorney General) – David Cote & Subodh Bharati

Solitary Confinement: A Test Case Litigation Story – Alison Latimer