Tanudjaja v Canada: The Motion to Dismiss
Tanudjaja, CERA et al. v Canada and Ontario
On June 11, 2012, the Attorneys General for Canada and Ontario filed a motion to dismiss the charter challenge, without a hearing into any of the extensive evidence already filed by the applicants after many months of research.
Many groups sought to intervene in the hearing of the Motion to Dismiss before Lederer J. of the Superior Court. Standing was granted to two important coalitions of international human rights organizations and anti-poverty organizations, as well as a constitutional law centre. Unfortunately, intervener standing was denied to a coalition of people with disabilities and another of low income tenants and homeless women.
Justice Lederer's disappointing decision granting the Motion to Dismiss was appealed to the Court of Appeal for Ontario. On March 28, 2014 a hearing was held before the Chief Justice Designate, Feldman JA, on 8 applications of coalitions and organizations to intervene. The hearing into the appeal was later held before Justices Feldman, Strathy and Pardu on May 26-28, 2014.