Who Cares About Amicus?? A WiCCD Special Episode unpacking the SCC’s Judgment in R v. Kahsai – Aug 13 2023

Posted on August 13, 2023 by Anita Szigeti

Grateful to wonderful WiCCD for addressing this hot topic of “amicus” in their New Episode of “Who Cares?” which airs this morning. It is WiCCD’s 50th video release on our one year old channel. You can claim 0.5 hr of substantive CPD content as well, if you watch the whole (1/2 hour) video! All law!!

I had a great time on this excellent panel with my co-counsel Carter Martell Cassandra DeMelo & M. Shukairy, and Sarah Rankin who represented CCLA with Heather Ferg

Our counsel team represented the Empowerment Council to whom we are always indebted for the great honour of representing them in litigation matters under the thoughtful instruction of their Executive Director Jennifer Chambers and their wonderful Board of Directors.

Here is the Description of the Episode on WiCCD’s YouTube:

In this new episode of Who Cares? We are joined by a panel of lawyers who were involved in the Supreme Court Case of R. v. Kahsai, 2023 SCC 20. The Supreme Court judgment was released on July 28th, 2023. In this case, the Supreme Court clarified the role of amicus curiae in criminal matters. Lawyers Anita Szigeti, Carter Martell, Cassandra DeMelo and Maya Shukairy represented the intervener the Empowerment Council and lawyer Sarah Rankin was one of the lawyers who represented the Canadian Civil Liberties Association (CCLA), with her co-counsel Heather Ferg.

The panel discusses the history of the role of amicus, the contribution of the CCLA to the case, the actual decision and the new clarifications of the role of amicus freshly delivered by the Supreme Court and finally a perspective from the trenches on the impact of this case on criminal matters moving forward. This is an important issue for all criminal lawyers who may be appointed as amicus, including potentially in situations where your client discharges you prior to trial but the Court requires your assistance to keep the matter on track. The situation is perhaps most likely to arise in cases involving some mental health issues, which is also addressed in the Judgment and by the panel.

To learn more about the case, check out my previous blog about it here:

https://anitaszigeti.wordpress.com/2023/07/28/r-v-kahsai-judgment-release-scc-july-28-2023/
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About Anita Szigeti

• Called to the Bar (1992) • U of T Law grad (1990) • Sole practitioner (33 years) • Partner in small law firm (Hiltz Szigeti) 2002 - 2013 • Mom to two astonishing kids, Scarlett (20+) and Sebastian (20-) • (Founding) Chair of Mental Health Legal Committee for ten years (1997 to 2007) * Founding President of Law and Mental Disorder Association - LAMDA since 2017 * Founder and Secretary to Women in Canadian Criminal Defence - WiCCD - since 2022 • Counsel to clients with serious mental health issues before administrative tribunals and on appeals • Former Chair, current member of LAO’s mental health law advisory committee • Educator, lecturer, widely published author (including 5 text books on consent and capacity law, Canadian civil mental health law, the criminal law of mental disorder, a law school casebook and a massive Anthology on all things mental health and the law) • Thirty+ years’ experience as counsel to almost exclusively legally aided clients • Frequently appointed amicus curiae • Fearless advocate • Not entirely humourless
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1 Response to Who Cares About Amicus?? A WiCCD Special Episode unpacking the SCC’s Judgment in R v. Kahsai – Aug 13 2023

  1. Pingback: Anita’s 2023 Year-End Recap – The Good News Story is All about Publishing and Teaching this Year | anitaszigeti

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