ELC Intervenes in the Supreme Court of Canada
In what many are predicting will become one of its leading decisions
on access to justice in public interest litigation, the Supreme Court
of Canada recently granted intervener status to the ELC. Professor Chris
Tollefson argued the case before a full Court in Ottawa in mid-April
marking the ELC's first SCC appearance.
The intervention arose in Little Sisters Bookstore v Canada Customs
(No 2), the latest chapter in a long-running dispute over what the
bookstore claims is a discriminatory pattern of seizures of gay and
lesbian literature. At issue in the case is a precedent-setting order
made by the trial judge compelling the federal government to fund the
bookstore's legal fees associated with bringing the case on the basis
that such an order was necessary to ensure access to justice. It was
one of the first times in which such an "advance costs" order had been
made in a public interest case.
The ELC argued that the case raised issues of broad importance to public
interest litigants including many of its own clients. Key among these,
according to Tollefson, "was the need for the Court to turn its mind
to the relationahip between costs rules and access to justice; and,
in particular, the chilling effect of the prosepect of adverse costs
awards in public interest cases."
Tollefson represented the ELC and the Sierra Legal Defence Fund. ELC
Clinic student Sandy Williams provided background research for the case.
Also granted intervener status were the Canadian Bar Association, EGALE
and the Attorneys-General for BC and Ontario.
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