A public interest group sought standing to challenge the constitutionality of amendments to the Immigration Act, 1976, which altered the refugee determination process.
The Supreme Court of Canada held that while the group raised serious issues of invalidity and had a genuine interest, it failed the third branch of the public interest standing test.
The Court found that individual refugee claimants directly affected by the legislation could and were already challenging the provisions, meaning there was another reasonable and effective way to bring the issue before the courts.
Consequently, the appeal was dismissed and the cross-appeal to strike the claim was allowed.
