On February 4, 2011 the Supreme Court of Canada released its judgment in R. v. Caron, which addresses the authority of courts to order the government to pay the legal costs of a private party involved in public interest litigation. Advance cost orders can play a significant role in improving access to justice, by compelling the government to pay the costs of a court case before it begins and making it financially possible for non-government parties to raise complex public interest issues.
As an intervener in R. v. Caron, the CCLA had argued that courts should be permitted to make advance cost orders when the ordinary citizen would not have the means to access the justice system to address questions of exceptional public importance and prima facie merit.
In its judgment, the Supreme Court agreed with the submissions of the CCLA and confirmed the availability of “advance costs orders” in both civil and quasi-criminal litigation. The Supreme Court held that lower courts should be permitted to make an advance cost order when (1) the litigation would be unable to proceed if the order were not made; (2) the claim to be adjudicated is prima facie meritorious; (3) the issues raised transcend the individual interest of the particular litigant, are of public importance, and have not been resolved in previous cases. This judgement will positively impact the adjudication of complex issues of broad public interest that might otherwise be too costly to put before the courts.
The CCLA thanks Joseph Arvay, Benjamin Berger, and Alison Latimer for the excellent representation they provided in this case.
- To read the Supreme Court of Canada judgment in R. v. Caron, click here.
- To read CCLA’s factum before the Supreme Court click here.
- To watch archived video of the hearing, click here.
