What is the test of section 96 of the Constitution Act, 1867 and the unwritten principle of the rule of law?
Canada (Federal), Canada
The following excerpt is from Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), [2014] 3 SCR 31, 2014 SCC 59 (CanLII):
This is not to deny that universal, free (or at least affordable) access to courts is a laudable goal; it is merely to say that s. 96 and the unwritten principle of the rule of law cannot be used to force provincial governments to expend funds or forego cost recovery to bring this goal to fruition. As this Court recently found, “the allocation of resources between competing priorities remains a policy and economic question; it is a political decision and the legislature and the executive are accountable to the people for it” (Ontario v. Criminal Lawyers’ Association of Ontario, 2013 SCC 43 (CanLII), [2013] 3 S.C.R. 3, at para. 43, per Karakatsanis J.). II. Section 96 of the Constitution Act, 1867
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