Access to Justice at Issue in R v. Caron

The Poverty and Human Rights Centre intervened as a member of the Equality Rights Coalition in the Supreme Court of Canada case R v. Caron 2011 SCC 5.  The other members of the coalition were the Council of Canadians with Disabilities, the Charter Committee on Poverty Issues and the Women’s Legal Education and Action Fund. The case concerned the proper criteria for the exercise of judicial discretion to award advance costs in constitutional litigation. This case involved vital issues related to access to justice, particularly for persons seeking to enforce their Charter rights. The Supreme Court recognized that lower courts have the inherent jurisdiction to grants costs in order to prevent an injustice, and to come to the aid of an inferior court to enable the latter to administer justice fully and effectively. To view the decision of the Supreme Court of Canada please visit: Supreme Court of Canada: R v. Caron

To see the PHRC’s factum follow this link: PHRC Caron Factum

The PHRC discussed the implications of the case with the Lawyer’s Weekly. To view their article, click on the link: Funding orders must be exceptional, says the Supreme Court

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