It’s time to let lawyers come back to the Supreme Court of Canada
The Supreme Court continues to bar many lawyers from appearing in person after shifting to remote advocacy in response to the pandemic in 2020.Adrian Wyld/The Canadian Press
Frank Addario is a partner at Addario Law Group. Lisa Kerr is an associate professor in the Faculty of Law at Queen’s University.
This summer, the Supreme Court of Canada has opened its doors for seven days a week, inviting visitors from across the country to learn about its work and experience its historic architecture. But when hearings resume in the fall, many may be surprised to learn that those doors will close to lawyers involved in the very cases the court is deciding.
In 2020, the Supreme Court shifted to remote advocacy in response to the pandemic. Five years later, it continues to bar many lawyers from appearing in person. Only counsel for the main parties may enter the courtroom. Lawyers for “interveners” are still stuck on Zoom.
Interveners play a crucial role in shaping decisions that have sweeping national consequences. They are not directly involved in the legal dispute, but are individuals, organizations, or governments. Examples include the Canadian Civil Liberties Association, the Christian Legal Fellowship, the Assembly of First Nations, or the Canadian Medical Association. They are often the only voices advocating for marginalized communities or offering........
© The Globe and Mail
