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[43] In Finlay, the Court wrote that this factor reflects the concern for conserving scarce judicial resources and the need to screen out the mere busybody (p. 633). In my view, this factor is concerned with whether the plaintiff has a real stake in the proceedings or is engaged with the issues they raise. The Court’s case law illustrates this point. In Finlay, for example, although the plaintiff did not in the Court’s view have standing as of right, he nonetheless had a direct, personal interest in the issues he sought to raise. In Borowski, the Court found that the plaintiff had a genuine interest in challenging the exculpatory provisions regarding abortion. He was a concerned citizen and taxpayer and he had sought unsuccessfully to have the issue determined by other means (p. 597). The Court thus assessed Mr. Borowski’s engagement with the issue in assessing whether he had a genuine interest in the issue he advanced. Further, in Canadian Council of Churches, the Court held it was clear that the applicant had a “genuine interest”, as it enjoyed “the highest possible reputation and has demonstrated a real and continuing interest in the problems of the refugees and immigrants” (p. 254). In examining the plaintiff’s reputation, continuing interest, and link with the claim, the Court thus assessed its “engagement”, so as to ensure an economical use of scarce judicial resources (see K. Roach, Constitutional Remedies in Canada (loose-leaf), at ¶5.120).
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