The Plaintiffs filed a Statement of Claim alleging the negligence by the Defendant police officers contributed to the wrongful death of Markios Arkagenlo. After the Edmonton Police Service (“EPS”) received death threats against the Defendants, they applied for a Restricted Court Access Order (“Application”). The Criminal Trial Lawyers’ Association (“CTLA”) applied to intervene in the Application (“Intervention Application”).

CTLA argued that it could be granted intervenor status under Rule 2.10, “Intervenor status”, or Rule 6.35(b), “Persons having standing at Application”. The Defendants argued that Rule 6.35 was the governing authority and opposed the Intervention Application on the basis that CTLA was not directly affected by the Application and CTLA did not provide a fresh perspective that would not already be represented by one of the parties.

The Court agreed with the Defendants, holding that Rule 6.35 was the appropriate authority when an interested party sought to intervene in a Rule 6.28 Application because it was specifically intended for those circumstances. Ultimately, Nielsen A.C.J. held that CTLA would not be affected by the outcome of the Application, nor would CTLA bring a fresh perspective to the Application. The Intervention Application was dismissed.