Legal standing is important to animal protection advocates and lawyers. Animals have not yet been found to have private standing to go to court themselves, so it’s critical for interested individuals and organizations to be able to litigate cases to protect animals from harm and suffering.
Animal Justice is seeking leave to intervene in a Supreme Court of
Canada case that could have important implications for access to
justice in cases involving animals and animal advocates.
To launch a lawsuit, a person or an organization must prove that
they have “standing” to do so. If they are directly affected by a
situation, they can claim private interest standing. But where a
case is focused not on the private rights of an individual but on
matters that are of broad public interest, claimants often seek what
is known as “public interest standing.” In Attorney General of
British Columbia v Council of Canadians with Disabilities, the
Supreme Court will consider the law of public interest standing, and
address questions about which individuals and organizations should
be allowed to bring cases forward to be heard in court.
Legal standing is important to animal protection advocates and
lawyers. Animals have not yet been found to have private standing to
go to court themselves, so it’s critical for interested individuals
and organizations to be able to litigate cases to protect animals
from harm and suffering.
The Supreme Court adopted a modern and progressive interpretation of
public interest standing in the groundbreaking 2010 decision in
Canada (Attorney General) v Downtown Eastside Sex Workers United
Against Violence Society. But since then, courts have often denied
public interest standing to animal advocacy organizations and
individuals who seek to bring cases forward to protect vulnerable
animals.
Animal Justice hopes to intervene in the current case to assist the
Supreme Court in understanding why public interest standing is
essential to ensuring that vulnerable segments of society, like
animals, can access the justice system.