Supreme Court Law Review, 2nd Series, Volume 90
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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
Table of contents
Part I: Overarching Themes and Strategies in PIL in Canada
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
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
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
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
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
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
Locating the Public Interest in Patent Law – E. Richard Gold & Rachel Meland
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
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