PRACTICE |
Parties |
Standing |
L'action des Nouvelles Conjointes du Québec v. Canada
T-1473-03
2003 FC 1360, Morneau P.
18/11/03
19 pp.
Motion to strike out statement of claim filed by Action des Nouvelles Conjointes du Québec (ANCQ or applicant) on ground none of plaintiffs had standing to act in public interest within meaning of Canadian Council of Churches v. Canada (Minister of Employment and Immigration), [1992] 1 S.C.R. 236 (Council of Churches)--Plaintiff included and sought to assist individuals who suffered inequities in divorce proceedings in court handling divorce cases (Superior Court)--Plaintiff had no direct interest in acting, had to have public interest standing recognized--Question must be decided in accordance with principles taken from Council of Churches--In Council of Churches, Court described three points to be taken into account in determining standing-- Parties herein disagreed on third aspect, namely existence of another reasonable and effective way to bring issue before courts--Since ANCQ did not disprove at least one other reasonable and effective way of submitting plaintiff's arguments, namely in divorce action between individual litigants in Superior Court, it follows plaintiff cannot be granted standing--Accordingly, Court allows defendant's motion.