Class action/Third Party/Public Standing?
1.I read in order to have standing the injury must be direct, not abstract.What if something is abstractly affecting 1 million+ people?Would that be enough for a class action suit?
2.If the one person that has standing in a crime,is unable to act for ANY given reason, can a good citizen who doesnt know them have a third party standing on their behalf?
3.I read in Canada they have something called Public Interest Standing, do we have such a thing in the United States?
Where can I find info on htese three topics? ty
- Anonymous9 years agoBest Answer
The Supreme Court of Canada developed the concept of public interest standing in three constitutional cases commonly called "the Standing trilogy": Thorson v. Canada (Attorney General), Nova Scotia Board of Censors v. McNeil, and Minister of Justice v. Borowski. The trilogy was summarized as follows in Canadian Council of Churches v. Canada (Minister of Employment and Immigration):
It has been seen that when public interest standing is sought, consideration must be given to three aspects. First, is there a serious issue raised as to the invalidity of legislation in question? Second, has it been established that the plaintiff is directly affected by the legislation or if not does the plaintiff have a genuine interest in its validity? Third, is there another reasonable and effective way to bring the issue before the court?
Public-interest standing is also available in non-constitutional cases, as the Court found in Finlay v. Canada (Minister of Finance).