SCC 39533_Application for Leave to Intervene of West Coast LEAF Association and Rise Women's Legal Centre

The outcome of this appeal will affect the ability of courts to meaningfully respond to the presence of family violence in family law matters and ensure the best interests of children affected by family violence. [...] Rise and West Coast LEAF seek leave to intervene in this appeal on the basis of their long-standing interest and expertise and their ability to provide a unique and useful perspective to aid the Court in its consideration of the issue on appeal. [...] The inferences drawn from direct observation of the conduct of the parties during the litigation process in making findings about the power dynamics and violence in relationships cannot be fully assessed by recourse to a transcript of the trial. [...] Given the cultural and structural barriers to establishing the presence of family violence in family law matters and the opportunity for the trial judge to directly observe the parties conduct in the litigation process as it may relate to the dynamics in their relationship, findings of family violence should be entitled to a heightened standard of deference. [...] Conduct of a party at during the litigation process which is observed by the trial judge in the context of the proceeding, such ling of the nude photograph of the mother in this case, is appropriately considered by the trial judge in the analysis.