Troy Harrison

This appeal addressed whether trial judges may fix rates of remuneration for amici curiae and order provincial payment in criminal proceedings where amici were appointed to preserve orderly process.

The majority held that while superior and statutory courts may appoint amici in exceptional circumstances, inherent or implied jurisdiction does not extend to fixing compensation rates absent constitutional or statutory authority.

The Court emphasized separation of powers and held public-funding allocation decisions belong to the legislative and executive branches.

Dissenting judges would have recognized fee-setting as necessarily incidental to the appointment power to protect judicial process integrity.

The appeal was allowed.

The Attorney-General sought forfeiture of insurance proceeds under the Civil Remedies Act, 2001 following the killing of the insured by the beneficiary, who had been found not criminally responsible on account of mental disorder.

The court held that the insurance proceeds constituted property acquired as a result of unlawful activity within the meaning of the statute because they became payable as a consequence of the killing.

However, the court concluded that ordering forfeiture would be clearly not in the interests of justice.

Given the absence of moral blameworthiness associated with a finding of not criminally responsible, the lack of deterrent value, and the respondent’s personal circumstances, forfeiture would be manifestly harsh.

The application for forfeiture was therefore dismissed.

The Attorney General sought a preservation order under the Civil Remedies Act in respect of life insurance proceeds payable following the killing of the insured by the beneficiary, who had been found not criminally responsible on account of mental disorder for the homicide.

The respondent opposed the order and sought payment of legal fees from the preserved funds and a declaration recognizing counsel’s solicitor’s lien based on a contingency fee agreement.

The court held that a verdict of not criminally responsible constitutes proof that the offence was committed for purposes of the Act, and that the insurance proceeds were sufficiently connected to unlawful activity to justify preservation.

Delay by the Crown in bringing the application did not meet the narrow “clearly not in the interests of justice” exception.

The preservation order was granted, while requests for payment of legal expenses and recognition of a solicitor’s lien were denied or deferred.