“An amicus is appointed to provide assistance to trial judge where “the trial judge is of the view that an effective, fair and just decision cannot be made with such assistance”: Morewald-Benevides v. Benevides, 2015 ONCJ 532 (CanLII) at para. 43. Although the appointment must be made “sparingly and with caution”, the primary purpose is to “assist the court”. An amicus does not act as counsel for the party but assists that party in leading evidence or placing their case before the court. There is no solicitor-client privilege between an amicus and the party being assisted and the amicus may override the instructions or directions from a party in the interest of justice.
In R. v. Imona-Russell, 2013 SCC 43 (CanLII), 2013 S.C.C. 43, in the criminal context, a court “may appoint an amicus only where they require his or her assistance to ensure the orderly conduct of proceedings and the availability of relevant submissions.” Once appointed, “the amicus is bound by a duty of loyalty and integrity to the court and not to any of the parties to the proceedings.” para. 87 cited in Morewald-Benevides at para. 42].”