Every agent must apply to the court for the right of audience. This does not mean, however, that a trial judge is obligated to conduct a detailed inquiry into the competence and background of every agent in every case. In some situations, the agent will be known or the basis for the agent’s appearance will be obvious (e.g., he or she is working within a program referred to in Order in Council 334/2003), and an inquiry is unnecessary or very brief.
In other situations, and in particular those situations in which the proposed agent intends to seek an audience on the basis of s. 106(2)(l) of the Legal Profession Act, a detailed inquiry will be necessary in order to determined whether the agent should be granted an audience.
To best protect the proper administration of justice, including protecting the accused’s constitutional right to a fair trial, Crown prosecutors must be proactive in assessing the propriety of an agent representing an accused. This does not mean that Crown prosecutors should routinely apply to disqualify agents; rather, Crown prosecutors must satisfy themselves that the use of an agent will not be contrary to the proper administration of justice and, in particular that the accused’s constitutional right to a fair trial will be protected.