PUBLIC INTEREST INTERVENTION IN THE COURTS

Abstract

Public interest intervention is the participation by non-parties in litigation in order to influence the judicial law-making process in a way the intervenor considers to be in the public interest. Canadian law has taken all erratic approach to public interest intervention, partly because of the inadequacy of the legal concepts used to confront the issues raised by this type of non-party participation in litigation, and partly because of the ambivalence of the courts towards public interest intervention itself. This article advocates all expansive approach to public interest litigation, especially in the context of Charter litigation, and sets out proposals for a policy on public interest intervention that is designed to address the legitimate concerns of those who wish to limit non party participation in litigation.