POLS 3130 Chapter Notes - Chapter 3: Alternative Dispute Resolution, Judicial Notice, Mootness
4 Oct 2016
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Week 3: judicial process, dispute resolution and facts. Chapter 3: judicial process and alternative dispute resolution (64-85) Agreement is based on desires and interests not the law. Arbitration: sits somewhere between the court and mediation. In the problem solving role of the court is to address the underlying problems or issues that give rise to legal disputes: use mediation, arbitration etc. The requirement that one must be party to a legal dispute in order to have a case heard in court: smith vs. ontario (1924) originally placed extreme restrictions on who could challenge the constitutional validity of law. After the charter was released the scc stated that allowing public-interest standing by individuals and interest groups was even more important: outlined three factors to be considered. Is there another reasonable and effective way to bring the issue to the court. Chaoulli (2005) case he had a public interest standing to challenge rules against private health care.
