Public Interest Standing Before the Supreme Courts of Israel and Canada: Are Our Canadian Courts Accessible Enough?

Abstract

While similar in many ways, the Canadian and Israeli legal systems are quite distinct. A striking divergence can be observed by comparing the Israeli and Canadian Supreme Courts’ approach to public interest standing. Through an access to justice perspective, this post shall first explain the Israeli model, then provide an overview of the Canadian model, and finally provide a comparative analysis of the two approaches.While Canadian Courts have somewhat restricted access to the courts for certain litigants, the Israeli Supreme Court has actually moved in the opposite direction, allowing for wide-ranging standing.As posted on The Court, Osgoode Hall Law School.