Proceedings of the 28th International Academic Conference, Tel Aviv

STANDING IN THE WAY: COMPARING CONSTRAINTS ON ACCESS TO JUSTICE AFTER THE LIBERALIZATION OF PUBLIC INTEREST IN

MATT MALONE

Abstract:

In a recent decision, Downtown Eastside, the Supreme Court of Canada expanded the doctrine of public interest standing as a means of improving access to justice. Through a comparative analysis of public interest standing and procedural rules in the Supreme Court of Israel, this paper argues that the jurisdictional capacity of the Supreme Court of Canada is a significant obstacle to the realization of the goals of improving access to justice, which expanded public interest standing will not resolve. Further policy measures will be required to achieve the objectives of improved access to justice, as set out in Downtown Eastside.

Keywords: Public Interest Standing - Supreme Court of Canada - Supreme Court of Israel - Access to Justice

DOI: 10.20472/IAC.2017.028.011

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