What is the evidentiary basis for standing to seek declaratory relief?
Canada (Federal), Canada
The following excerpt is from Esquega v. Canada (Attorney General), 2006 FC 297 (CanLII):
I have already concluded that there is some evidence upon which the Applications Judge could find the applicants have standing to seek declaratory relief. I therefore turn to determine whether the applicants have tendered a sufficient evidentiary basis to possibly substantiate the three branches of the test articulated by Mr. Justice Iacobucci in Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497, and so establish an infringement of the applicants' section 15 Charter right.
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