Breaking Down Barriers: The Test Of Public Interest Standing Clarified

On June 23, 2022, the Supreme Court of Canada released its long-awaited decision in British Columbia (Attorney General) v. Council of Canadians with Disabilities, which considered the test for public interest standing. Writing for a unanimous bench, Chief Justice Richard Wagner determined that public interest litigation may proceed without a directly affected plaintiff as long as a concrete and well-developed factual setting can be established

The Supreme Court of Canada's decision confirms the factors for public interest standing as Justice Thomas Cromwell laid down in Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45 (Downtown Eastside). This is a significant step toward improved access to justice within our legal system and will allow organizations to better serve those it advocates on behalf of, including historically marginalized and disadvantaged members of society.