The amicus curiae procedure, describes a lawyer who is appointed to ensure that the Judge receives all necessary information so that he may decide who should have custody of a child or children involved in a custody dispute. The amicus curiae arranges for expert professionals to investigate the circumstances of the child and child’s family and to form opinions as to where the child’s best interests lie. A majority of cases utilizing an amicus curiae do not go to trial because the parents or guardians come to an agreement about custody on the basis of his report. In trial, the amicus curiae calls the expert professionals as witnesses, makes recommendations to the Judge, and cross-examines the witnesses produced by the parties claiming custody.

The Court may appoint a government lawyer or a lawyer in private practice to act as amicus curiae. The Attorney General provides the government lawyer, and funds, as appropriate. The Attorney General’s service has enabled the judges to develop the procedure creatively from case to case. Parties willing to bear the cost of a private practice lawyer have a greater freedom of choice, and private practice lawyers acting as amicus curiae have made a substantial contribution to the evolution of the procedure.

This report’s view is that the amicus curiae procedure is valuable and proposes five recommendations. First, that it be recognized as valuable and that it be continued at the discretion of the Court of Queen’s Bench and the Surrogate Court of Alberta. Second, that the evolution of the procedure be left to the Court on a case to case basis. Third, that government lawyers and lawyers in private practice continue to be available for appointment. Fourth, that the Attorney General’s Department continues to provide professional and financial support for the procedure, at least to current levels. Finally, that the Attorney-General’s Department do what it can administratively and financially to minimize delays in the guardianship litigation and costs upon parents.