Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable.
WikipediaPublications
LCO: Law Commission of Ontario · 14 May 2024 English
More specifically, the project considers how to update traditional consumer protections such as notice and disclosure requirements, deception and unconscionability rules, and consumer enforcement in light of the new, complex, …
for notifications” model. For example, both justiciability.134 Acts give consumers a general right to …
LCO: Law Commission of Ontario · 10 May 2024 English
More specifically, the project considers how to update traditional consumer protections such as notice and disclosure requirements, deception and unconscionability rules, and consumer enforcement in light of the new, complex, …
for notifications” model. For example, both justiciability.134 Acts give consumers a general right to …
CHRC: Canadian Human Rights Commission · 28 March 2024 English
Submission to the Committee on Economic, Social and Cultural Rights in advance of the Committee’s Development of the List of Issues Prior to Reporting for Canada’s 7th Periodic Review Human …
accepted a recommendation made to ensure the justiciability of ESC rights, indicating that avenues of legal …
CDPC: Canadian Drug Policy Coalition · 29 December 2023 English
[...] Moreover, in exercising this discretion, I have turned my mind to the seriousness and justiciability of the instant issues, the genuineness of the plaintiff’s interest in the matter, and the reasonableness …
have turned my mind to the seriousness and justiciability of the instant issues, the genuineness of the …
Democracy Watch · 15 December 2023 English
Due to a change to the Lobbyists’ Code, where the definition of “associate” explicitly includes the staff that were at issue in the rulings, the issue of the Commissioner’s interpretation …
review. Given the significance of the issue of justiciability of Commissioner decisions, this matter was …
CCHR: Canadian Centre for Housing Rights · 24 April 2023 English
The Right to Housing and Canada’s Naonal Housing Strategy Act Supported Recommendaons from UPR 3: 142.166 Adopt the Naonal Housing Strategy as soon as possible, taking into account the principles …
Divides in Canada, and the Evictions Crisis 7. Justiciability of Economic and Social Rights …
Democracy Watch · 17 April 2023 English
The LG exercises the prerogative powers of the Crown, and by convention, the Premier can exercise certain prerogatives of the LG.18 But it is the Crown’s prerogative, not the Premier’s. …
Unfinished Project of Roncarelli v. Duplessis: Justiciability, Discretion, and the Limits of the Rule of … Unfinished Project of 7 13 Roncarelli v. Duplessis: Justiciability, 23 Discretion, and the Limits of the Rule …
Maytree · 10 April 2023 English
2.2 The National Housing Strategy Act (2019): New Federal Legislation to Implement Commitments and Supported Recommendations in the Third UPR In 2019, the federal government passed the National Housing Strategy …
support recommendation 142.149 to “ensure the justiciability of economic, social and cultural rights” (South …
Homeless Hub · 30 March 2023
This is particularly true in the context of the order for reconsideration, which could have been informed by the concept of meaningful engagement and the robust participation called for under …
majority dismissed the case on the issue of justiciability. Notably in Black, Justice Schabas specifically …
Democracy Watch · 23 December 2022 English
The plain language of the Constitution Act, the Legislature’s purpose, and the surrounding context all indicate that the Legislature intended to bind the Premier to a cycle of fixed election …
to be, above the law. This error regarding justiciability overwhelmed Gomery J.’s interpretation of the … then allowed his misapprehension concerning justiciability to overwhelm his interpretation of the statute … agenda. 27 28. The following addresses (1) the justiciability of the Premier’s dissolution advice; (2) the … doctrine”, however, Gomery J. misconstrued justiciability, erroneously importing a distinctly American … political controversy.39 35. In determining justiciability, Justice Gomery relied on the reasons of the …
