INTERVENOR
civil or criminal law
PATH seeks cases of local importance to intervene in and, when there is capacity, accepts requests from local organizations to intervene. PATH is interested in cases where the outcome will have impacts on people who are criminalized, especially women, gender- diverse individuals, and Black and Indigenous people.
How is intervenor status different from legal counsel on a matter?
In most proceedings, there are two parties, and each is represented by their own legal counsel. Legal counsel for each party will submit evidence and arguments to persuade the judge to consider certain remedies.
When there are intervening lawyers on a case, these lawyers will not submit evidence or argue for certain remedies. Instead, intervening lawyers represent a broader public interest in a case. Written arguments will be submitted to provide the judge with more information about the wider impacts of the case’s outcome.
The Process
SUBMIT APPLICATION TO COURT
Apply to the court for intervenor status.
COURT GUIDANCE
f granted, the court may impose restrictions about how the intervenor can participate, such as limiting length of submissions, limiting focus of submissions, determining whether they can introduce new evidence, etc.
SUBMIT ARGUMENTS TO COURT
Prepare and submit legal arguments to court.
TRIAL
Judge makes a decision.
PATH's interventions
Dorsey v Canada
In May 2023, PATH intervened in Dorsey v. Canada (Attorney General) (link) on behalf of the Canadian Association of Elizabeth Fry Societies. Mr. Dorsey appealed the decision that denying his request to move to a lower security classification does not constitute a deprivation of liberty and, as such, is not suitable for review through habeas corpus. PATH Lawyer Jessica Rose argued that habeas corpus must consider the factual context of an applicant's detention to assess the legality of their security classification. A ruling favouring the respondent may lead to harsher liberty deprivations for Indigenous prisoners and greater negative impacts on women prisoners, including restricted access to healing lodges and the Mother Child Program.
This case was recently granted leave to be appealed at the Supreme Court of Canada. Stay tuned!
Jacqueline Lowe as Representative of the Estate of Bradley Lowe v Assistance Appeal Board (Nova Scotia) and the Department of Community Services (Nova Scotia)
In August 2024, PATH staff lawyers Emma Arnold and Megan Ross successfully argued that EFMNS has standing to intervene in Mr. Bradley Lowe’s Judicial Review. Mr. Lowe applied to receive the same Income Assistance amount as someone who is housed, despite living in a tent. Mr. Lowe’s request was denied by Income Assistance and their appeal board. To learn more about Bradley’s case, see here (link). PATH will make arguments that denying full Income Assistance benefits to those living in tents will disproportionately impact women and gender-diverse people.
How PATH can help
If you have a case that you believe would be appropriate for PATH to get intervenor status on, you may reach out to us through phone, email or our intake form on our website.
LOOKING FOR OUR HELP?
Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
We will reach out to you in a timely manner.
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Practicing lawyers
Jessica Rose
Managing Lawyer
Emma Arnold
Staff Lawyer