B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General)

B.C. Freedom of Information and Privacy Association v. British Columbia (Attorney General)

Leave to intervene was granted because the BCCLA demonstrated a distinct and useful perspective on s.1 issues (compelled identification and disproportionate impact on small voices) that would assist the court, and the proposed role was limited so as not to expand or duplicate the parties' litigation; intervention limited to a written factum not exceeding 12 pages and oral argument left to the panel to decide.

Citation
2014 BCCA 520
Parties
Appellant / Plaintiff: B.C. Freedom of Information and Privacy Association; Respondent / Defendant: Attorney General of British Columbia; Applicant Intervenor: British Columbia Civil Liberties Association
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
9 December 2014
Procedural Posture
Appeal / Application for Intervenor Status (in Chambers)
Outcome
Application granted with conditions
Legal Topics
Charter S.2(b) Freedom of Expression, S.1 Justification Analysis, Third Party Election Advertising Regulation, Intervenor Status and Limits, Compelled Speech
Source Language
English
Constitutional Law Elections Law Administrative Law Civil Liberties Charter S.2(b) Freedom of Expression S.1 Justification Analysis Third Party Election Advertising Regulation Intervenor Status and Limits +1 more

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Parties

B.C. Freedom of Information and Privacy Association

Appellant / Plaintiff

Attorney General of British Columbia

Respondent / Defendant

British Columbia Civil Liberties Association

Applicant Intervenor

Procedural Posture

Appeal / Application for Intervenor Status (in Chambers)

Legal Issues

  1. 1 Whether the BCCLA should be granted leave to intervene on appeal
  2. 2 Whether the BCCLA's submissions would duplicate the appellant or expand the scope of litigation
  3. 3 Whether the BCCLA advances distinct legal issues (compelled speech; disproportionate impact on small voices) relevant to s.1 analysis of s.239 of the Elections Act

Ratio Decidendi

Leave to intervene was granted because the BCCLA demonstrated a distinct and useful perspective on s.1 issues (compelled identification and disproportionate impact on small voices) that would assist the court, and the proposed role was limited so as not to expand or duplicate the parties' litigation; intervention limited to a written factum not exceeding 12 pages and oral argument left to the panel to decide.

Court Disposition

Application granted with conditions

Orders

  • BCCLA granted leave to intervene limited to issues identified in its memorandum of argument
  • BCCLA permitted to file a written factum not to exceed 12 pages