Re Skapinker and the Mootness Doctrine

Supreme Court Law Review, Vol. 6, p. 369, 1984

9 Pages Posted: 8 Jul 2008

See all articles by Patrick Macklem

Patrick Macklem

University of Toronto - Faculty of Law

Eric Gertner

McCarthy T├ętrault LLP

Date Written: 1984

Abstract

Joel Skapinker's constitutional challenge rested on the fact of his lack of Canadian citizenship. In February 1983, the Supreme Court granted leave to hear his appeal, notwithstanding their knowledge that he would be eligible for citizenship in April of that year. In granting leave, the S.C.C. thus agreed to hear a case in which there no longer existed a dispute between the parties. In this paper, the authors address the principles applied by the Supreme Court of Canada in relation to the question of mootness on appeal. American jurisprudence on this issue is well developed and serves as a useful source in formulating a framework by which the Court can sort out and attach weight to the various interests at stake in a case where, on its face at least, there no longer exists a dispute between the parties to an appeal. Finally, the Skapinker case itself is analyzed in relation to principles by which the Court grants leave. The authors begin their argument with a review of the Canadian jurisprudence on the mootness issue.

Suggested Citation

Macklem, Patrick and Gertner, Eric, Re Skapinker and the Mootness Doctrine (1984). Supreme Court Law Review, Vol. 6, p. 369, 1984, Available at SSRN: https://ssrn.com/abstract=1156925

Patrick Macklem (Contact Author)

University of Toronto - Faculty of Law ( email )

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Eric Gertner

McCarthy T├ętrault LLP ( email )

Toronto, Ontario
Canada

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