How are the rules decided for special advocates in my court case?

The situation

I am currently going through a very stressful immigration process here in Canada, and my case has been moved up to the Federal Court. My solicitor told me last Tuesday that because some of the evidence against me is secret, a special advocate will be involved to represent my interests during the hearing. This whole ordeal started about eight months ago when I was detained, and I have spent nearly 5,000 dollars on legal fees just to get to this stage. I am very worried about how this person will actually work within the court system. I tried asking the clerk at the courthouse yesterday if there was a specific handbook or a set of standard procedures that these special advocates have to follow when they are participating in these types of private hearings, but they just told me to look it up myself. I am confused about who actually has the authority to create the specific rules that govern how these advocates behave and what their role is during the trial. Does a specific group of people decide these procedures, and can their rules override the usual way the court operates?

Detailed Analysis

In your immigration case at the Federal Court, the rules governing your special advocate are not decided by the court clerk, but by specific committees. Under the law, "The Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court may each establish a committee to make rules governing the practice and procedure in relation to the participation of special advocates in proceedings before the court over which they preside"^[1]. This means the highest judges in these courts create the specific procedures that the advocate must follow during your hearing.

These committees are not made up of just one person. They must include the Chief Justice, a representative from the Attorney General of Canada, and at least one lawyer (member of the bar) who has experience in relevant legal fields^[1]. These committees have significant power because their rules are "binding despite any rule of practice that would otherwise apply"^[1]. This means the special advocate's rules can override the standard, usual ways the court normally operates.

Regarding your specific situation, while the rules are set by these committees, the judge in your case still has certain responsibilities. For example, the judge is responsible for appointing the special advocate and ensuring that you are provided with a summary of the secret evidence so you can understand the case against you^[2]. The special advocate's role is to protect your interests while they review the secret information that you and your solicitor are not allowed to see^[3].

It is not explicitly stated in the provided sections how often these rules are updated or how much public input is allowed when the committees are creating them. State, provincial, or local laws may add further rules, so you should check for any specific Federal Court practice directions.

Statutory Citations

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