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Arguing for Access to Justice
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West Coast LEAF
News Alert
January 26, 2010
West Coast LEAF arguing for access to justice in SWUAV v AG Canada
The West Coast Legal Education and Action Fund for women (West Coast LEAF) intervened at the BC Court of Appeal on Thursday in support f "public interest standing" in SWUAV v. AG Canada.
The case involves an organization of women (Downtown Eastside Sex Workers United Against Violence or "SWUAV") and a former sex worker who are bringing a constitutional challenge to sections of the Criminal Code dealing with prostitution.
The case was dismissed by the BC Supreme Court in December 2008 in part because the Court found that this group did not have "public interest standing" to bring this constitutional challenge.
West Coast LEAF is intervening to argue that representative groups such as SWUAV should be allowed to bring forward important constitutional cases on behalf of those who do not have effective access to the justice system on their own.
"West Coast LEAF is committed to ensuring that the test for public interest standing allows women, particularly vulnerable women, equal access to courts to enforce their equality rights" says Legal Director Kasari Govender. "We need an application of the public interest standing test that is consistent with the Charter value of equality, international human rights treaties and the fundamental constitutional guarantee of access to justice. To do otherwise is to make the public interest standing test into a barrier to equal access to justice for vulnerable and disadvantaged groups."
The appeal was heard January 21 and 22 at the BC Court of Appeal. Constitutional lawyer Melina Buckley is co-counsel for the intervention along with Govender. Other interveners include the BC Civil Liberties Association and the Trial Lawyers Association of BC.
Quotes from the interventions
Constitutional lawyer Melina Buckley, presenting for West Coast LEAF:
"West Coast LEAF emphasizes the nature of SWUAV and the different forms of disadvantage they suffer from, and submits that the Chambers judge failed to see this disadvantage for what it is. The ability to act collectively is particularly important for this group. Is there a reasonable alternative? No, there is not. We urge a return to a liberal, purposive interpretation of public interest standing."
Lawyer Jason Gratl presenting for BC Civil Liberties Association:
"The BCCLA believes that rules of standing define the relationship between the judiciary and society. The litigation capacity of proposed public interest litigants needs to include resources, the ability to endure publicity and potentially be a poster child for the issue, staying power, endurance, quality and breadth of litigation, financial resources and sufficiency of contacts. In this case, the harm of the constitutional breach is safety that is breached, and someone who is directly affected is subject to these harms. It is not a formal legal impediment that would prevent the case from going forward, but a practical application."
Lawyer Megan EllisTrial presenting for Trial Lawyers Association of BC:
"The level of access to courts is diminishing. This court is aware of decreasing legal aid for civil law, the absence of Court Challenges Program and cuts to organizations. So there may be a remedy, but it is not available for economic reasons. I suggest that there is no likelihood that there is an individual who could sustain this challenge. Cases are getting more complicated and more difficult to resolve, and the capacity of litigants to shoulder [them] is of concern."
About West Coast LEAF
West Coast LEAF's mission is to achieve equality by changing historic patterns of discrimination against women through BC based equality rights litigation, law reform and public legal education.
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