Canadian Council of Churches V. Canada (Minister of Employment and Immigration) - Opinion of The Court

Opinion of The Court

The Court acknowledged the need for public-interest standing in principle, to ensure that government is not immunized from constitutional challenges to legislation. However, the Court also stressed the need to strike a balance between ensuring access to the courts and preserving judicial resources, citing the concern of an "unnecessary proliferation of marginal or redundant suits brought by well-meaning organizations pursuing their own particular cases certain in the knowledge that their cause is all important."

The current test for standing, as summarized in this decision, considers three factors:

1. is there a serious issue raised as to the invalidity of legislation in question?
2. has it been established that the plaintiff is directly affected by the legislation or, if not, does the plaintiff have a genuine interest in its validity?
3. is there another reasonable and effective way to bring the issue before the Court?

On the facts of the case the Court found that the claim did raise some serious questions. Moreover, the claimant had a "genuine interest" in its validity. However, the claim must fail on the third and most onerous factor. Since a refugee would have standing to challenge the law, there would clearly be a reasonable and effective way to bring the issue to the Court. The Court dismissed the argument that refugees did not have effective access to the courts to bring a claim. Evidence showed that many are capable of making claims, which, in all, were better ways to challenge a law as there are concrete facts behind it. The Court further dismissed the claim that the potential imposition of a removal order would bar them from challenging it, as the Federal Court could grant an injunction to prevent deportation.