The Canadian Civil Liberties Association (the “CCLA”) intervenes to assist the Court in determining the factors to consider in a motion to strike a rights-based claim, such as this one, which has potential impact beyond the immediate parties to the action: (a) first, the Court ought to consider the impacts on access to justice where the government seeks to use procedural mechanisms to prevent righ. [...] The facts are set out in the plaintiff’s Claim at paragraphs 7-34.2 As noted, in 2009, the plaintiff sought judicial review of the government’s decision to deny her access to healthcare coverage in relation to life-threatening illnesses, on the basis that she did not fall into any of the 1 Factum of the Defendant at para 31, Motion Record of the Moving Party, the Attorney General of Canada [MRM] T. [...] The breadth of the potential impact of this Claim is evident not only on the face of the Claim, but from the fact that ten groups, representing an array of interests and perspectives on the policy being challenged by the plaintiff, have intervened on this motion. [...] The underlying purpose is to balance the public interest in the finality of litigation with the public interest in ensuring that justice is done on the facts of a particular case. [...] In addition, even if the elements of issue estoppel are met, there are a number of factors before the Court that must be considered in exercising its discretion regarding whether to strike the plaintiff’s Charter claims on the basis of res judicata.43 Those factors include the interests of others beyond the immediate parties to the action, and the principle that determining the constitutionality o.
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- 23
- Published in
- Canada
