Zündel v. Canada ( Attorney General )
T-2765-96
Giles A.S.P.
13/6/97
3 pp.
Canadian Human Rights Commission applying to be added as intervenor-Desiring to participate as full party with opportunity to file evidence, examine witnesses, make submissions-Ordinarily when tribunal's decision being impugned, not party to impugning proceedings-But where tribunal having expertise which may cast some light on subject issue, tribunal may be allowed to intervene: Ferguson Bus Lines Ltd. v. Amalgamated Transit Union, Local 1374, [1990] 2 F.C. 586 (C.A.)-Northwestern Utilities Ltd. et al. v. City of Edmonton, [1979] 1 S.C.R. 684 holding role of administrative tribunal whose decision at issue before Court limited to explaining record before tribunal and to making representations with respect to jurisdiction (not including tribunal's failure to adhere to rules of natural justice)-Commission's decision sought to be reviewed impugned primarily for reasons of jurisdiction including allegation legislation purportedly giving jurisdiction ultra vires-Commission granted status to intervene for limited purpose of defending jurisdiction to have made impugned decision, but not to make representations as to jurisdiction of Parliament to pass legislation or to defend itself against allegation of anticipated bias or wrongful exercise of discretion-Application for intervention made at very late date in proceedings-Applicant's record overdue, intervention delaying matters further-Timetable running into provisions of R. 1614 allocating setting of time exclusively to judge-If intervenor wishing to proceed with intervention, must apply within two weeks to judge for directions on procedure, and submission and service of documents and such other matters as may appear to judge to be relevant-Federal Court Rules, C.R.C., c. 663, R. 1614 (as am. by SOR/92-43, s. 19).