Crown appeal from a stay of proceedings at trial on a sexual assault charge due to lost disclosure. Accused did not file any response to the appeal, and did not appear on the hearing date. Issue as to whether Court had jurisdiction to appoint amicus curiae to file a brief and participate in the oral hearing.
Held: Amicus Curiae appointed.
Court of Appeal having jurisdiction to appoint amicus: Ontario v Criminal Lawyers’ Assoc., [2013] 3 SCR 3. “[I]n these unusual circumstances, the panel considers the assistance of an amicus essential to provide a balanced argument to the Crown’s arguments so that the Court can discharge its function fully and fairly to both parties to the appeal”.