Supreme Court Takes Public Interest Standing To The Streets

On September 21, 2012, the Supreme Court of Canada unanimously dismissed the appeal in Attorney General of Canada v Downtown Eastside Sex Workers United Against Violence in Society and Sheryl Kiselbach.1 As a result, the decision of the Court of Appeal for British Columbia was upheld and the test for determining public interest in constitutional cases in Canadian courts has been relaxed allowing greater discretion and flexibility in the circumstances.

The context of this decision involves a former female sex worker and a Society whose objects include improving conditions for female sex workers in the Downtown Eastside of Vancouver (the "Respondents"). The Respondents started an action in British Columbia, challenging the constitutional validity of sections of the Criminal Code dealing with different aspects of prostitution. In response, the Attorney General of Canada applied to dismiss their claim on the ground that they lacked standing before the courts.

The chambers judge agreed with the Attorney General's position and dismissed the Respondents' claim for lack of standing. However, the British Columbia Court of Appeal...