2.10: Intervenor status

Case Summary

Rebel News Network Ltd. (“Rebel News”) had filed a challenge pursuant to the Canadian Charter of Rights and Freedoms alleging a violation of the freedom of expression by certain provisions in the Election Finances and Contributions Disclosure Act, RSA 2000, c E-2 regarding third party disclosures for political or election advertising.

The Justice Centre for Constitutional Freedoms (“JCCF”) applied to be an intervener, pursuant to Rule 2.10. Justice Lema cited the factors set out in Pedersen v Alberta, 2008 ABCA 192 for guidance on whether to grant intervener status and the factors to consider: (i) will the intervener be directly affected by the Appeal; (ii) is the presence of the intervener necessary for the Court to properly decide the matter; (iii) might the intervener’s interest in the proceedings not be fully protected by the parties; (iv) will the intervener’s submission be useful and different or bring particular expertise to the subject matter of the Appeal; (v) will the intervention unduly delay the proceedings; (vi) will there possibly be prejudice to the parties if intervention is granted; (vii) will intervention widen the lis between the parties; and (viii) will the intervention transform the Court into a political arena.

After a review of other applicable case law, Justice Lema found that JCCF had not met the burden of showing that its perspective would be useful or different or would manifest in submissions different from Rebel News. On that basis, Justice Lema dismissed JCCF’s Application to intervene.

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