Supreme Court Of Canada Provides Guidance On The Role Of Interveners

• Jurisdiction: Canada
• Author: Canadian Appeals Monitor, Connor Bildfell and Milica Pavlovic
• Law Firm: McCarthy Tétrault LLP
• Published date: 28 February 2023

In R. v. McGregor, 2023 SCC 4, the Supreme Court of Canada provided guidance on the role of interveners appearing before the Court. Interveners must not raise new issues or supplement the evidentiary record on appeal. Instead, their role is to make useful and different submissions on the issues before the Court. Prospective interveners should therefore focus on providing their own perspective on the issues raised by the parties, based on the intervener's particular experience and expertise.

What is an intervention?

An intervention is a procedural device that allows a non-party to participate in a proceeding. Under the Rules of the Supreme Court of Canada, any person interested in a proceeding before the Court may apply for intervener status. The proposed intervener must show that it: (1) has an interest in the proceeding; and (2) will make submissions that are both useful and different from the parties' submissions...