5 Feet of Fury

Feds back out of Whatcott case

I shared the trailer for the new doc about Canada’s Whatcott free-speech/”Human Rights” Code case last week.

Now The Justice Report has a small but intriguing development:

An experienced litigator, Mark Gelowitz, is acting for the CCF as counsel, on a pro bono basis (thanks again, Mark—and to your firm Osler, Hoskin & Harcourt LLP). Mark told us yesterday that the Attorney General of Canada—who has intervener status as of right in a case like this—had withdrawn its intervention. That seemed unusual. Lawyers usually relish the chance to appear at the SCC.

I e-mailed the AG lawyer and asked why. Here’s the answer:

“In response to your question, an intervention is premised on the basis that the submission will not repeat what has already been argued and will be helpful to the Court. Following a review of the parties’ facta, and given the Court’s decision to hear from 19 interveners, the Attorney General is satisfied that all positions would be satisfactorily canvassed and he would not have a uniquely helpful perspective to offer.”

Bravo! A little bit of money saved for taxpayers.