The British Columbia Civil Liberties Association (BCCLA) brought a motion for special costs after discontinuing its Charter challenge against the National Defence Act due to the passage of Bill C-59, which largely addressed its concerns.
The Federal Court found that while the litigation was not the sole catalyst for the legislative change and full indemnity was not warranted, the case raised significant constitutional issues of public interest.
The Court awarded the BCCLA a lump sum of $175,000 in special costs, plus disbursements and costs of the motion.
