This case involves the question of whether a court’s jurisdiction to appoint amicus curiae entails an incidental power to require that the Crown remunerate an amicus on terms defined by the court.
The BCCLA is an intervener in the case. The BCCLA recognizes that the protection of civil and human rights depends upon the existence of a system of law in which courts are able to impartially and independently settle disputes. For the courts to function in our adversarial system, the BCCLA says that judges must be in a position to call upon the assistance of amicus curiae on such terms as are necessary for the court “to administer justice fully and effectively”. It is essential for courts to be in a position to appoint sufficiently experienced amicus curiae to assist them in complex and serious cases. In short, courts must have the tools they need to preserve their own integrity and to protect the public’s confidence in them, both of which are essential to maintaining the rule of law.
The BCCLA is represented by Micah Rankin of Thompson Rivers University and Elizabeth France of Sugden, McFee & Roos LLP.
Supreme Court of Canada