CIVIL PROCEDURE - Constitutional proceedings - Parties - Standing - Public interest

Law360 Canada (June 23, 2022, 1:20 PM EDT) -- Appeal by the Attorney General of British Columbia from a judgment of the British Columbia Court of Appeal that set aside an order dismissing the action of the respondent Council of Canadians with Disabilities (“CCD”). Cross-appeal by CCD for leave to be granted public interest standing. CCD, a non-profit organization that worked for the rights of people living with disabilities in Canada, and two individual plaintiffs, filed a claim challenging the constitutionality of certain provisions of British Columbia’s mental health legislation. The claim asserted the impugned provisions violated the Charter by permitting physicians to administer psychiatric treatment to involuntary patients with mental disabilities without their consent and without the consent of a substitute decision-maker. The individual plaintiffs eventually withdrew from the litigation, leaving CCD as the sole plaintiff. The chambers judge allowed the Attorney General’s application to have the action dismissed on the basis CCD lacked standing. The Court of Appeal set aside the order dismissing the action and remitted the matter for fresh consideration....
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