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Canadian Council of Churches v Canada (Minister of Employment and Immigration)
''Canadian Council of Churches v Canada (Minister of Employment and Immigration)'', () 1 S.C.R. 236, is a leading Supreme Court of Canada case on the law of standing in Canada. In particular, the case sets out the criteria a public-interest group must meet in order to be allowed to mount a constitutional challenge in court.
==Background==
Prior to this case standing for public-interest litigants was governed by the "''Borowski'' test," which was given broad application. During the hearings for ''Thorson'' and ''Borowski'' Justice Martland and Chief Justice Laskin were fiercely at odds over the issue on interpreting the standard. Laskin felt that the borowski test allowed in people who merely wanted to challenge law for political reasons and not because they were truly affected, while Martland felt the test followed the original principles in ''Thorson v. Attorney General of Canada''.〔see () and ()〕
The Canadian Council of Churches is an incorporated interest group that represents the interests of a number of churches. The group's focus had been the current government policy on refugee protection and resettlement. In particular, they had been critical of the changes in the determination process of evaluating whether a refugee came within the definition of Convention Refugee as part of recent amendments to the Immigration Act, 1976.
The Council sought a judicial declaration that the amendments were unconstitutional, and therefore of no force or effect. The Attorney General of Canada moved to strike out the claim on the basis that the Council did not have standing to bring the action. At first instance, it was held that the Council had standing, but this was overturned on appeal. The issue before the Supreme Court of Canada was whether the Council has standing to challenge the validity of the amendments. The Court found that the Council did not have standing, and dismissed the appeal.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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