Applicant raised serious issue, suitable for adjudication

Constitutional Law - Procedure in constitutional challenges - Standing

Applicant was law professor with expertise in constitutional law and national security. Applicant initiated challenge to s. 12 of National Security and Intelligence Committee of Parliamentarians Act, alleging that it contravened inherent constitutionally protected right of Parliamentary privilege. Section 12 of Act prevents Parliamentary privilege from being invoked if member of National Security and Intelligence Committee of Parliamentarians is prosecuted for disclosing protected information. Application judge denied applicant public interest standing to advance this challenge. Applicant appealed. Appeal allowed. Application judge erred in principle in denying applicant standing. Applicant's public interest standing should be recognized. Applicant raised serious issue, suitable for adjudication. Applicant had demonstrated genuine interest in issue, having published on topic and having participated in committee hearings relating to legislation. Challenge applicant wished to bring was reasonable and effective way to bring matter before court. He was highly competent and able to represent constitutional issues at stake, and clearly motivated to do so. Applicant was granted public interest standing.

Alford v. Canada (Attorney General) (2019), 2019 CarswellOnt 13132, 2019 ONCA 657, David M. Paciocco J.A., Harvison Young J.A., and B. Zarnett J.A. (Ont. C.A.); reversed (2018), 2018 CarswellOnt 14423, 2018 ONSC 3984, W.D. Newton J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Ottawa Law taps Orlando Da Silva for mental health programme

2019 shook up everything from tribunals to the MAG

Why litigation financiers are flocking to Canada

Fasken to donate $125,000 to Pro Bono Ontario

Legal clinics anxiously await outcome of funding reconsideration hearings

Lawyers with the best client reviews reach out early and often

Most Read Articles

The top stories impacting lawyers now — Ontario’s 2019 legal year in review

Legal clinics anxiously await outcome of funding reconsideration hearings

Lawyers with the best client reviews reach out early and often

Why litigation financiers are flocking to Canada