The Crown appealed an Ontario Court of Justice order appointing amicus curiae for a self‑represented accused charged with failing to file income tax returns under s. 238(1) of the Income Tax Act.
The trial judge had appointed amicus on the basis that the accused struggled to understand disclosure and court procedure, and that the appointment could improve trial fairness and efficiency.
On appeal, the Superior Court held that the proper test is whether appointment of amicus is necessary to prevent a failure of justice.
The court found the case was simple, the potential penalties modest, and the accused capable of understanding the proceedings with assistance from the court and existing resources.
The appointment of amicus was therefore unnecessary and the order was quashed.
