Melissa D. Atkinson

This is a motion decision concerning an application by Aboriginal Legal Services (ALS) for leave to intervene in a criminal appeal.

The motion judge initially declined to grant leave on the material filed but agreed to reconsider on a proper record.

Upon receipt of supplementary materials, the motion judge granted leave to intervene, finding that ALS had an important perspective distinct from the immediate parties on issues relating to Gladue principles and their application to the weight placed on prior criminal records.

The intervention was granted subject to conditions limiting the length of the factum to 10 pages and oral submissions to 20 minutes.

This is a motion decision concerning an application by Aboriginal Legal Services to intervene as a friend of the court in a criminal appeal.

The appellant challenged the admission of his criminal record into evidence at trial, arguing that Gladue principles should inform the probative value and prejudicial effect analysis under R. v. Corbett, and should apply to the use of prior convictions in assessing credibility.

The motion judge found that while Aboriginal Legal Services has recognized expertise in criminal law issues affecting Indigenous peoples, the record did not establish that it could make a useful contribution to the appeal without causing injustice to the immediate parties.

The motion was dismissed, but the applicant was permitted to re-submit on a proper record with specified conditions.