During a dangerous offender proceeding, the court appointed an amicus curiae to assist with constitutional issues relating to the anticipated conditions of the offender's incarceration.
The offender had extreme cognitive deficits and specialized needs, raising potential Charter issues under ss. 7, 12, and 15 if an indeterminate sentence were imposed.
The Crown opposed the appointment, but the court found it necessary because the application of the Charter to conditions of imprisonment is a specialized area of law outside the scope of traditional criminal practice, and defence counsel was not in a position to litigate these issues.
