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Locus Standi
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A right to address the Court on a matter before it.
A right to address the Court on a matter before it.
In Canadians For The Abolition of the Seal Hunt, Justice Walsh of the Canadian Federal Court referred to locus standi as:
"The right of individuals to bring proceedings ... when they are not personally affected (other than of course in their sensibilities) by the law or regulations complained of...."
Lord Denning once wrote, in R v Paddington, that:
"The court would not listen, of course, to a mere busybody who was interfering in things which did not concern him. But it will listen to anyone whose interests are affected by what has been done."
In her book entitled Locus Standi, Australian jurist Leslie Stein defines it as:
"... the existence of a right of an individual or group of individuals ... to have a court enter upon an adjudication of an issue ... before that court by proceedings instigated by the individual or group."
In 604598 Saskatchewan Ltd. v Sask. Liquor and Gaming Authority the Saskatchewan Court of Appeal adopted these words in regards to locus standi:
"A place of standing; standing in court. A right of appearance in a court of justice ... on a given question.
"Roughly speaking, this place of standing, enabling a person to appear before and be heard by a court in relation to a given question, may be acquired in one of two ways: as of right, in reliance upon one's own private interests in the question (private interest standing); or with leave of the court in reliance largely upon the public's interest in the question (public interest standing).
"And standing may exist, or be granted, in both civil and criminal proceedings, proceedings of one sort or another involving claims of various kinds, including a claim that a law is unconstitutional."
REFERENCES:
- 604598 Saskatchewan Ltd. v Sask. Liquor and Gaming Authority 157 DLR 4th 82 (1998)
- Canadians for the Abolition of the Seal Hunt v Canada (1981) 1 FC 733
- R v Paddington Valuation Officer, Ex parte Peachey Property Corporation Ltd (1966) 1 QB 380
- Stein, L., Locus Standi (Sydney: Law Book Company, 1979).