Who may act as a “public interest litigant”?

The SCC will consider this question in AGBC v CCD with the help of 22 interveners, starting at 10:30 Wed & Thu – will be fascinating

Link to the case is here https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=39430

and to the webcast here: https://www.scc-csc.ca/case-dossier/info/webcast-webdiffusion-eng.aspx?cas=39430

For those interested in what is “public interest litigation” – this case examines who may act as a public interest litigant.

There are 22 interveners – the case is being heard over 2 days in the SCC starting tomorrow morning at 10:30.

The case arises out of a Charter (constitutional) challenge to the British Columbia Mental Health Act which permits forced psychiatric treatment over objection of persons who have not been found incapable – consent is deemed on admission – consent is provided by the hospital director – this is an anomaly across Canada.

The personal plaintiffs discontinued their participation and the Council of Canadians with Disabilities sought to continue it as a “public interest intervener”

This case has implications in every area of law, including criminal law and prison law. Many prison rights organizations are involved / intervening.

There are interveners across the board – including environmental / climate change / animal rights associations.

We are there for my client the Empowerment Council – psychiatric consumer / survivor advocates.

Sarah Rankin – my colleague in Alberta – who first volunteered to work with me while she was in law school some years ago – will be making oral argument for our client!

Also on our team, Dr. Ruby Dhand and my associate Maya Kotob.

We are all super excited about this.

You can watch if you want – we are on around mid-day the second day. But main Appellant / Respondents start tomorrow.

The SCC case file number is 39430 – all facta are posted.
Link to the case is herehttps://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=39430and to the webcast here:https://www.scc-csc.ca/case-dossier/info/webcast-webdiffusion-eng.aspx?cas=39430

UPDATE on WEBCAST AVAILABLE HERE:

DAY 1 January 12, 2022

DAY 2 January 13, 2022

EC’s Submissions by Sarah Rankin at 51:41

Here is how I summed up the Day on Twitter @pouchbaby

What an extraordinary day of litigation I was privileged to be part of today. It’s not often I am moved to the point I can’t necessarily trust my own voice not to crack. Dozens of lawyers worked pro bono or on legal aid to represent vulnerable client groups today. They were great!

Greg Allen couldn’t make the group photo shoot but he led off the Interveners with brilliant, brave submissions. I watched young counsel, women, fantastic advocates, one after the next, speak with integrity, poise, grace, passion, compassion & make a truckload of sense. Bravo!!

To those who worry about the next generation of lawyers, I’m here to tell you, they’re all right. It was a pure joy to watch them work their magic today. Top to bottom, flawless turns. Public interest litigation is in good hands. Those in the pics – Tag each other and take a bow!