E. Conclusion

Author:Robert J. Sharpe - Kent Roach
Profession:Court of Appeal for Ontario - Faculty of Law, University of Toronto

Page 130

Charter cases are essentially dealt with in the same manner as any other litigation. It is apparent, however, that Charter issues pose special challenges for our courts. Special procedural rules relating to standing

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and intervention by attorneys general and interested groups reflect the public significance of Charter rulings.

The role of judges in dealing with complex social issues under the Charter has altered the mandate of our courts and resulted in increased public scrutiny of the judicial process. The method of appointing judges has come under particular criticism. Many observers have asked whether the traditional approach is adequate, especially for the selection of those who sit on our highest court. Though rarely, if ever, is exception taken to particular appointments, it may be expected that there will be continuing pressure to have a more open appointments process.


BAILEY, J, "Reopening Law’s Gate: Public Interest Standing and Access to Justice" (2011) 44 UBC L Rev 255

HOGG, PW, Constitutional Law of Canada, 5th ed (Toronto: Carswell, 2007) Part IV cc 55-57

LAMBERT, n, "The Charter in the Administrative Process: Statutory Remedy or Refounding of Administrative Jurisdiction?" (2007) 13 Rev Const Stud 21-65

MULLAN, D, "Administrative...

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