The Law of Intervention After the TWU Law School Case: Is Justice Seen to Be Done?

Abstract

This paper argues that the complexities of the TWU law school case offer much to consider regarding the law of intervention in Charter litigation, including the issues of time and balance which preoccupied the Ontario courts, and the influence of public outcry on the Supreme Court. It concludes with a practical solution to the concerns raised by the Ontario courts: non-hearing motions; no arbitrary restrictions based on notions of "balance"; and the court would dictate the length of the factum and oral argument (if any) for each intervener. This would recognize the importance of allowing proposed interveners, who meet the test for intervention, to participate and allow the public to see that justice is done.

Keywords: Intervener, Trinity Western University