Andrea Horton

The Canadian Human Rights Commission brought a motion for leave to intervene as a friend of the court in appeals concerning the entitlement of same-sex couples to marry.

The Attorney General of Canada opposed the motion.

The Court of Appeal granted the motion, finding that the Commission had the experience and expertise to provide a unique perspective and useful contribution to the resolution of the constitutional and societal issues raised, without causing injustice to the immediate parties.

EGALE Canada Inc. moved for intervenor status as an added party in an application brought by same-sex couples seeking marriage licences.

The Attorney General of Canada opposed the motion.

The court granted EGALE intervenor status under Rule 13.01 of the Rules of Civil Procedure, finding that EGALE had a direct interest in the subject matter and could make a useful contribution by providing a different perspective from the applicants, specifically regarding relationship options and national context.

To prevent undue delay and prejudice, the court imposed strict conditions on EGALE's participation, limiting its evidence and cross-examination to its unique perspectives.