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
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 …
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 …
First Nations Child and Family Caring Society of Canada · 11 November 2022 French
The Federation of Sovereign Indigenous Nations (“FSIN”) submits that the Act respecting First Nations, Inuit and Métis children, youth, and families, SC 2019, c 24 (“the Act”) is constitutional and …
agreement delimiting the right, or by limiting its justiciability.23 These proposed limits were driven by the …
CIAJ - ICAJ: Canadian Institute for the Administration of Justice · 18 July 2022 English
Although “[t]here is nothing on the face of the Customs legislation, or in its necessary effects, which contemplate[d] … differential treatment based on sexual orientation,”68 “a large measure of discretion …
the claim is less likely to be struck for non-justiciability,75 the disadvantage is that it will likely … Parker, “Let Our Living Tree Grow: Beyond Non-Justiciability for Public Interest Environmnetal Claims” (13 …
CCLA: Canadian Civil Liberties Association · 16 June 2022 English
Similarly, the Court of Appeal disagrees with the Application Judge’s finding that the alleged “safety valves” of the impugned legislation are “illusory”, because a few of the Appellants in the …
pointed, and rigorous record. To dismiss the justiciability of this claim, and others like it, on the basis …
CCLA: Canadian Civil Liberties Association · 9 June 2022 English
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, …
22 See Lorne Sossin & Gerard J. Kennedy, “Justiciability, Access to Justice and Summary Procedures in … [Tanudjaja]. In Lorne Sossin & Gerard J. Kennedy, “Justiciability, Access to Justice and the Development of Constitutional … (coupled with the Court's own jurisprudence on justiciability and related doctrines)”. See also AIC Limited … Sources 23. Lorne Sossin & Gerard J. Kennedy, “Justiciability, Access to Justice and Summary Procedures in … (2d) 24. Lorne Sossin & Gerard J. Kennedy, “Justiciability, Access to Justice and the Development of Constitutional …
