[2011] 2 F.C.R. D-11
Evidence
Motion for appointment of amicus curiae or amici curiae to assist Federal Court of Appeal in relation to appellant’s ex parte appeal from Federal Court decision (2010 FC 1106) in which disclosure of certain information to respondents ordered pursuant to Canada Evidence Act, R.S.C., 1985, c. C-5, s. 38.06—Underlying proceedings consisting of civil actions for damages for Canada’s alleged complicity in respondents’ detention, torture abroad—When appointment of amicus curiae deemed necessary, nature of role may vary—Role of amicus curiae before Federal Court of Appeal on appeal from judgment under Act, s. 38.09(1) to assist Court, not to represent respondents’ interests—Appointment of amicus curiae depending solely on whether Court considering appointment necessary to accomplish statutory purpose—With scarce judicial resources available, not effective use of Federal Court of Appeal’s time to wade through thousands of pages in search of evidence that could run contrary to evidence favourable to appellant’s submissions—Appointment of amicus curiae would be of significant benefit to Federal Court of Appeal; such appointment required to ensure that Court can effectively accomplish statutory mandate during ex parte proceeding—Motion granted.
Canada (Attorney General) v. Almalki (A-428-10, 2011 FCA 54, Layden-Stevenson J.A., judgment dated February 10, 2011, 14 pp.)