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Canadian Council of Churches v Canada (Minister of Employment and Immigration), [1992] 1 SCR 236

Facts:

CCC is a federal corporation and they expressed concerns over the refugee determination process

Issue(s):

Does the CCC have standing to bring this Charter claim?

Ratio:

Public Interest Standing Test
1. Is there a serious issue raised as to the invalidity of legislation in question?
2. Has it been established that the plaintiff is directly affected by the legislation, or if not, does the plaintiff have a genuine interest in its validity?
3. Is there another reasonable and effective way to bring the issue before the court?

Analysis:

The purpose of granting status is to prevent the immunization of legislation or public acts form any challenge. It is clear that individual claimants for refugee status, who have every right to challenge the legislation, have in fact done so. There are, therefore, other reasonable methods of bringing the matter before the Court

Holding:

The CCC does not have standing to bring a claim under the Charter


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