Professor receives funding from Canadian Foundation for Legal Research

"I am thrilled to receive research funding from the Canadian Foundation for Legal Research to investigate how Canadian courts exercise their discretion to grant public interest standing to a claimant seeking a legal remedy concerning a public right or interest," says Fluker. "Public interest standing serves to enhance access to justice and ensures government decisions are subjected to the principle of legality, particularly when the implications of the exercise of state power transcend the interests of those most directly affected. Important public interest cases in Canada have included homelessness, environmental protection, animal rights, and immigration."

This research will deepen our understanding of the complexities associated with expanding the scope of legally recognized interests in our society, and it will seek to provide preliminary answers on two questions: (1) what trends or patterns are evident in how Canadian courts apply the considerations relevant in deciding whether to grant public interest standing; and (2) what are the implications of the collected evidence for our understanding on the scope of legally recognized interests and the role of the judiciary in social and political matters?

The research builds on Shaun's existing research concerning participatory entitlements in the legal system, and it has a strong association with the work undertaken by the Faculty's Public Interest Law Clinic to facilitate access to the justice system by civil society seeking to use the legal system to overcome barriers to political participation.

The Canadian Foundation for Legal Research supports research that enhances the practice of law in Canada by exploring emerging trends and issues.