The Canadian Association of Crown Counsel (“CACC”) applied for permission to intervene at an upcoming Appeal. The Appellant and Respondent consented to CAAC’s Application, while another Respondent took no position. CACC had intervenor status before the lower Court, but this was not determinative of its continued participation in the Appeal proceeding.

A Party with intervenor status in the lower Court must obtain intervenor status on Appeal. Applications for intervenor status are decided by a single Judge of the Court of Appeal under Rules 14.37(2)(e) and 14.58. In granting intervenor status, the Court of Appeal can impose any terms and conditions on the intervenor’s participation in the Appeal.

Justice Schutz held that “[i]nterventions will be permitted when (a) the proposed intervenor can show a particular interest in the outcome of the appeal, or (b) where the intervenor can bring forward some special expertise, perspective, or information that will assist the Court… Intervenors generally are not permitted to raise new issues, or to enhance the record before the Court”.

CACC was affected by the outcome of the Appeal and brought a unique perspective to it that neither the Appellant nor Respondents could cover. CACC’s Application for intervenor status was therefore granted.