Does the Attorney General have jurisdiction to grant funding to a private litigant in a Charter dispute?
British Columbia, Canada
The following excerpt is from Lawrence v. British Columbia (Attorney General ), 2003 BCCA 379 (CanLII):
Counsel for the Attorney General says that the applicant is proceeding on the erroneous assumption that the Charter applies to civil disputes between private litigants. Counsel submits that the New Brunswick v. G.(J.) case is limited to circumstances where a government action triggers a hearing. In that case funding was provided to a litigant where the state action of removing a child from the custody of a parent infringed on the security interests of both the child and its parent. In the case at bar, the deprivation alleged, is the loss of title to the property.
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