What is the test to determine whether an issue is justiciable?
Alberta, Canada
The following excerpt is from Friends of Calgary General Hospital Society v. Canada, 2000 ABQB 43 (CanLII):
The fundamental consideration when deciding whether an issue is justiciable was articulated in Operation Dismantle v. The Queen, [1986] 1 S.C.R. 441 at 467 by Wilson J.: ... we should focus our attention on whether the courts should or must rather than on whether they can deal with such matters. We should put difficulties of evidence and proof aside and consider whether as a constitutional matter it is appropriate or obligatory for the courts to decide the issue before us.
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