Lowering The Bar For Standing In Public Interest Cases

On September 21, 2012, the Supreme Court of Canada released its decision in Canada (AG) v Downtown Eastside Sex Workers United Against Violence Society, a case dealing with the law of public interest standing in constitutional cases. The court's decision appears to lower the bar for standing, which might make it easier for non-governmental organizations and other third parties to initiate constitutional claims.

The Downtown Eastside Sex Workers United Against Violence Society (SWUAV) commenced an action challenging the constitutional validity of sections of the Criminal Code that deal with different aspects of prostitution. SWUAV seeks a declaration that these provisions violate the rights of free expression and association, to equality before the law and to life, liberty and security of the person guaranteed by the Canadian Charter of Rights and Freedoms.