NOTICE OF MOTION FOR LEAVE TO INTERVENE

TAKE NOTICE THAT the Moving Party, EGALE (Equality for Gays and Lesbians Everywhere) Canada Inc. (hereafter referred to as “EGALE”) hereby applies to a Judge of this Court, pursuant to Rule 18 of the Rules of the Supreme Court of Canada, for an Order granting EGALE leave to intervene in the present appeal, including leave to file a factum of not more than 30 pages (or such other length as the said Judge may deem appropriate) and to present concise oral argument at the hearing of this appeal of not more than 30 minutes (or such other duration as the said Judge may deem appropriate), or for such further or other Order that the said Judge may deem appropriate.

AND FURTHER TAKE NOTICE THAT the following documents will be referred to in support of the said motion:

1. the Affidavit of John Fisher, Executive Director of EGALE, sworn April 22, 1999;
2. the consent of the Appellants;
3. such further and other material as counsel may advise and may be permitted.

AND FURTHER TAKE NOTICE THAT the said motion shall be made on the following grounds:

1. EGALE is the only national lesbian and gay advocacy organization in Canada and it has members in every province and territory.

2. EGALE has a substantial interest in the issues before the Court in the within appeal. The Court’s determination of the issues raised in this case will have a direct impact on the rights and responsibilities of EGALE members and of lesbians, gays and bisexuals generally. Furthermore, the outcome of the appeal will affect EGALE’s ability to fulfil its educational mandate.

3. EGALE has specialized knowledge of, and expertise with respect to issues relating to discrimination on the basis of sexual orientation and the impact of censoring lesbian and gay sexual imagery and text. EGALE also has a unique perspective to offer the Court derived from its advocacy on behalf of lesbians, gays and bisexuals. EGALE’s submissions will therefore be of assistance to this Honourable Court in the resolution of the issues in this appeal.

4. EGALE is in a position to make submissions different from those of other parties and interveners, as more fully detailed in the Affidavit filed herewith.

5. The Appellants have consented to and fully support EGALE’s intervention.

6. EGALE undertakes to cooperate with the parties and other interveners to avoid duplication of submissions or materials.

7. Rule 18 of the Supreme Court Rules.

8. Such further and other grounds as counsel may advise and this Honourable Court may permit.

Dated at Toronto this 7th day of May, 1999.

SACK GOLDBLATT MITCHELL
Barristers and Solicitors
20 Dundas Street West
Suite 1130, P.O. Box 180
TORONTO, Ontario M5G 2G8
Cynthia Petersen
Tel: (416) 979-6440
Fax: (416) 591-7333
Solicitors for the Intervener
EGALE

Egale Canada ©2011

Canada's LGBT human rights organization: advancing equality, diversity, education, and justice.