Canada (Minister of Justice) v Borowski, [1981] 2 S.C.R. 575 is a landmark Supreme Court of Canada decision on the standard for allowing public interests to gain standing to challenge a law. The Court developed what is known as the Borowski test for public interest standing.
Joseph Borowski was a prominent anti-abortion activist in Saskatchewan who wanted to challenge the abortion provisions under section 251(4), (5), and (6) of the Criminal Code as violations to right to life in the Canadian Bill of Rights.
In a seven to two decision the Court found that Borowski had standing to challenge the law.
Reasons of the courtEdit
Justice Martland, wrote the decision for the majority. Martland's reasoning was largely based on the previous decision of Thorson v. Attorney General of Canada, [1975] 1 S.C.R. 138. He stated that a plaintiff seeking a declaration to invalidate a law must show that they are directly affected by it, or have a genuine interest as a citizen and there be no reasonable and effective alternative means to challenge the law.
Borowski was found to meet this requirement as it would be difficult to bring such an issue to court without having an interest group make a challenge.
canada, minister, justice, borowski, 1981, landmark, supreme, court, canada, decision, standard, allowing, public, interests, gain, standing, challenge, court, developed, what, known, borowski, test, public, interest, standing, minister, justice, borowskisupre. Canada Minister of Justice v Borowski 1981 2 S C R 575 is a landmark Supreme Court of Canada decision on the standard for allowing public interests to gain standing to challenge a law The Court developed what is known as the Borowski test for public interest standing Minister of Justice Can v BorowskiSupreme Court of CanadaHearing 27 28 May 1981 Judgment 1 December 1981Full case nameThe Minister of Justice of Canada and the Minister of Finance of Canada v Joseph BorowskiCitations 1981 2 SCR 575Prior historyAPPEAL from Borowski v Minister of Justice of Canada and Minister of Finance of Canada 1980 CanLII 2279 5 November 1980 RulingAppeal dismissedCourt membershipChief Justice Bora LaskinPuisne Justices Ronald Martland Roland Ritchie Brian Dickson Jean Beetz Willard Estey William McIntyre Julien Chouinard Antonio LamerReasons givenMajorityMartland J joined by Ritchie Dickson Beetz Estey McIntyre and Chouinard JJDissentLaskin CJ joined by Lamer J Contents 1 Background 2 Reasons of the court 3 Commentary 4 See also 5 External linksBackground EditJoseph Borowski was a prominent anti abortion activist in Saskatchewan who wanted to challenge the abortion provisions under section 251 4 5 and 6 of the Criminal Code as violations to right to life in the Canadian Bill of Rights In a seven to two decision the Court found that Borowski had standing to challenge the law Reasons of the court EditJustice Martland wrote the decision for the majority Martland s reasoning was largely based on the previous decision of Thorson v Attorney General of Canada 1975 1 S C R 138 He stated that a plaintiff seeking a declaration to invalidate a law must show that they are directly affected by it or have a genuine interest as a citizen and there be no reasonable and effective alternative means to challenge the law Borowski was found to meet this requirement as it would be difficult to bring such an issue to court without having an interest group make a challenge Commentary EditThe test was later re articulated more narrowly in the decision of Canadian Council of Churches v Canada Minister of Employment and Immigration 1992 1 S C R 236 See also EditList of Supreme Court of Canada cases Laskin Court Borowski v Canada Attorney General 1989 External links EditFull text of Supreme Court of Canada decision at LexUM and CanLII Retrieved from https en wikipedia org w index php title Canada Minister of Justice v Borowski amp oldid 993272137, wikipedia, wiki, book, books, library,
