Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
32920
Canadian Broadcasting Corporation, et al. v. Attorney General of Quebec, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-12-02 | Appeal closed | |
| 2011-11-29 | Certificate of taxation issued to, Pierre Landry | |
| 2011-11-29 | Certificate of taxation issued to, Pierre Salois | |
| 2011-11-24 | Decision on the bill of costs, (on Bill of Costs filed July 20/11), in the amount of $38,863.05, Reg | |
| 2011-11-24 | Decision on the bill of costs, (on Bill of Costs filed June 16/11), in the amount of $26,976.10, Reg | |
| 2011-11-23 | Submission of the bill of costs, (AG Canada), Reg | |
| 2011-11-23 | Submission of the bill of costs, (AG Quebec), Reg | |
| 2011-07-20 | Bill of costs, Completed on: 2011-07-20 | Attorney General of Quebec |
| 2011-06-16 | Bill of costs, (AG of Canada), Completed on: 2011-06-16 | Attorney General of Canada |
| 2011-05-31 | Certificate of taxation issued to, Pierre Landry | |
| 2011-05-30 | Decision on the bill of costs, in the amount of $8,330.91, Reg | |
| 2011-05-27 | Submission of the bill of costs, Reg | |
| 2011-03-21 | Reply to the bill of costs, (original rec'd march 22/11), Completed on: 2011-05-31 | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2011-03-09 | Response to the bill of costs, cc. to Pierre Landry, Completed on: 2011-03-09 | Canadian Broadcasting Corporation |
| 2011-03-01 | Bill of costs, Completed on: 2011-03-01 | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2011-01-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-01-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-01-28 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-017220-062, 2008 QCCA 1910, dated October 10, 2008, heard on March 16, 2010, is dismissed with costs. Rules 38.1 and 38.2 of the Rules of practice of the Superior Cour of Québec in civil matters, ss. 8.A and 8.B of the Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002, and Directive A-10 of Quebec’s Ministère de la Justice entitled Le maintien de l’ordre et du décorum dans les palais de justice, are constitutional. Dismissed, with costs |
|
| 2011-01-26 | Correspondence received from, Pierre Salois and Natalie Girard will participate on the lock-up of January 28, 2011 | Attorney General of Canada |
| 2010-09-02 | Media lock-up request accepted | |
| 2010-09-02 | Media lock-up consent form received from, Doug Mitchell dated September 1, 2010. | Barreau du Québec |
| 2010-09-02 | Media lock-up consent form received from, Barry Landy dated September 1, 2010. | Canadian Broadcasting Corporation |
| 2010-09-01 | Media lock-up consent form received from, Claude Joyal dated September 1, 2010. | Attorney General of Canada |
| 2010-09-01 | Media lock-up consent form received from, Jean-François Jobin dated August 27, 2010. | Attorney General of Quebec |
| 2010-08-31 | Media lock-up consent form received from, Raynold Langlois dated August 27, 2010. | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2010-08-23 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2010-07-20 | Media lock-up requested or proposed | |
| 2010-03-31 | Transcript received, (129 pages) | |
| 2010-03-16 | Judgment reserved OR rendered with reasons to follow | |
| 2010-03-16 |
Hearing of the appeal, 2010-03-16, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-03-16 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2010-03-16 | Respondent's condensed book, Filed at the hearing | Attorney General of Canada |
| 2010-03-16 | Respondent's condensed book, Filed at the hearing | Attorney General of Quebec |
| 2010-03-16 | Respondent's condensed book, Filed at the hearing | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2010-03-16 | Respondent's condensed book, Filed at the hearing | Barreau du Québec |
| 2010-03-16 | Intervener's condensed book, Filed at the hearing | Ad IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Canadian Association of Journalists, Canadian Journalists for Free Expression and Canadian Publishers' Council |
| 2010-03-16 | Appellant's condensed book, Filed at the hearing | Canadian Broadcasting Corporation |
| 2010-03-16 | Intervener's condensed book, Filed at the hearing | Attorney General of Alberta |
| 2010-03-15 | Correspondence received from, Donald Padget dated Mar. 12/10 and rec'd by e-mail re: further authority for arguments already made in their factum. (cc. to all parties) (sent to the Court Mar. 15/10) | Attorney General of Alberta |
| 2010-03-11 | Supplemental document, Supplemental Authorities - joint with 32987, Completed on: 2010-03-12 | Attorney General of Alberta |
| 2010-03-11 | Correspondence received from, Donald Padget dated Mar. 10/10 and rec'd by fax re: advising the Court that they will be filing supplemental authorities. (cc. to all parties) | Attorney General of Alberta |
| 2010-03-05 | Correspondence received from, Pierre Salois rec'd by fax re: sharing their time with the AGQ - 20 min. each - does not change the total time of the hearing. | Attorney General of Canada |
| 2010-03-03 | Correspondence received from, François Demers rec'd by fax re: two pages missing in volume VII of the appellant's record - cc. to all parties included - new cd rec'd Mar. 5/10 (sent to the Court Mar. 4/10) | Canadian Broadcasting Corporation |
| 2010-02-24 | Correspondence received from, Donald Padget re: in response to letter of Feb. 17/10 | Attorney General of Alberta |
| 2010-02-22 | Notice of appearance, Barry Landy and François Demers will be appearing | Canadian Broadcasting Corporation |
| 2010-02-22 | Correspondence received from, Spiegel Sohmer in response to Me Régimbald's letter of Feb. 17/10 in file 32987 | Canadian Broadcasting Corporation |
| 2010-02-19 | Correspondence received from, Pierre Salois dated Feb. 18/10 re: response to the letter of SRC dated Feb. 17/10 requesting changes to the counsel sheet. | Attorney General of Canada |
| 2010-02-11 | Notice of appearance, Mahmud Jamal and Jason MacLean will be appearing | Canadian Civil Liberties Association |
| 2010-02-11 | Notice of appearance, Jean-François Jobin, Marie-Ève Mayer and Dominique Jobin will be appearing | Attorney General of Quebec |
| 2010-02-05 | Notice of appearance, Pierre Salois and Claude Joyal will be appearing | Attorney General of Canada |
| 2010-02-04 | Notice of appearance, Donald B. Padget will be appearing | Attorney General of Alberta |
| 2010-02-04 | Notice of appearance, Christian Leblanc and Marc-André Nadon will be appearing | Canadian Newspaper Association |
| 2010-02-04 | Notice of appearance, Douglas C. Mitchell and Eric Cadi will be appearing | Barreau du Québec |
| 2010-02-04 | Notice of appearance, Raynold Langlois and Marie Cossette will be appearing | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2010-02-04 | Notice of appearance, Simon V. Potter and Michael Feder will be appearing | British Columbia Civil Liberties Association |
| 2010-02-03 | Notice of withdrawal | Attorney General of British Columbia |
| 2010-02-01 | Intervener's book of authorities, Joint with 32987, Completed on: 2010-02-01 | Attorney General of Alberta |
| 2010-02-01 | Intervener's factum - AG on constitutional question, Joint with 32987, Completed on: 2010-02-01 | Attorney General of Alberta |
| 2010-01-12 |
Order by, Ro, FURTHER TO THE ORDER dated October 28, 2009, granting leave to intervene to the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association for leave to intervene in both appeals and the Canadian Newspaper Association, Ad IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Canadian Association of Journalists, Canadian Journalists for Free Expression and Canadian Publishers' Council in appeal 32920; IT IS HEREBY FURTHER ORDERED THAT the three groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2010-01-11 | Intervener's book of authorities, Vol 1 to 3 - joint with 32987, Completed on: 2010-01-11 | British Columbia Civil Liberties Association |
| 2010-01-11 | Intervener's factum, Joint with 32987, Completed on: 2010-01-11 | British Columbia Civil Liberties Association |
| 2010-01-11 | Correspondence received from, Osler re: filing of joint documents with 32987 | Canadian Civil Liberties Association |
| 2010-01-11 | Intervener's book of authorities, Joint with 32987, Completed on: 2010-01-18 | Canadian Civil Liberties Association |
| 2010-01-11 | Intervener's factum, Joint with 32987, Completed on: 2010-01-13 | Canadian Civil Liberties Association |
| 2010-01-11 | Intervener's book of authorities, Service of AGBC, AGALTA, CCLA rec'd Jan. 18/10, Completed on: 2010-01-20 | Canadian Newspaper Association |
| 2010-01-11 | Intervener's factum, Service of AGBC, AGALTA, CCLA rec' d Jan. 18/10, Completed on: 2010-01-20 | Canadian Newspaper Association |
| 2010-01-07 | Correspondence received from, François Demers dated January 7, 2010. Re: Response to letter of December 9, 2009. | Canadian Broadcasting Corporation |
| 2009-12-09 | Correspondence received from, Doug Mitchell dated Dec. 9, 2009. Re: Barreau should be an intervener instead of a respondent | Barreau du Québec |
| 2009-11-25 | Notice of hearing sent to parties | |
| 2009-11-24 |
Appeal hearing scheduled, 2010-03-16, (Starting time 9:00 a.m.) Judgment reserved |
|
| 2009-10-29 | Correspondence received from, F. Demers dated Oct. 29/09 re: in response to B. A. Crane's letter of Oct. 22/09 (joint with 32987 - by fax) | Canadian Broadcasting Corporation |
| 2009-10-29 | Correspondence received from, (Letter Form), Gowlings, by email, dated Oct-29-09 re: advising all parties that the Court has accepted filing a joint factum at the latest filing date of both files. | Attorney General of Alberta |
| 2009-10-28 | Correspondence received from, (Letter Form), Mr. Crane, by email, dated Oct-27-09 re: correction of calculation of time to Feb-01-10 instead of Jan-12-10 | Attorney General of Alberta |
| 2009-10-27 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2009-10-27 |
Decision on the motion for leave to intervene, REVISED Oct. 28/09, Ro, The motions for leave to intervene by the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association are granted and the said two groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length for both appeals. The motion for leave to intervene by the Canadian Newspaper Association, Ad IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Canadian Association of Journalists, Canadian Journalists for Free Expression and Canadian Publishers' Council for leave to intervene in appeal 32920 is granted and the said group of interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2009-10-27 | Submission of motion for leave to intervene, Ro | |
| 2009-10-22 | Correspondence received from, (Letter Form), Mr. Crane, by email, dated Oct-22-09 re: filing a joint(32987) 40 page factum to Jan-12-10 for both cases | Attorney General of Alberta |
| 2009-10-15 | Appeal perfected for hearing | |
| 2009-10-14 | Supplemental document, 22 CD's contained various media coverage (11 copies), Completed on: 2009-10-14 | Attorney General of Quebec |
| 2009-10-14 | Respondent's book of authorities, (7 volumes), Completed on: 2009-10-14 | Attorney General of Quebec |
| 2009-10-14 | Respondent's record, (11 volumes), Completed on: 2009-10-14 | Attorney General of Quebec |
| 2009-10-14 | Respondent's factum, Completed on: 2009-10-14 | Attorney General of Quebec |
| 2009-10-14 | Respondent's book of authorities, (2 volumes), Completed on: 2009-10-14 | Attorney General of Canada |
| 2009-10-14 | Respondent's record, (9 volumes), Completed on: 2009-10-14 | Attorney General of Canada |
| 2009-10-14 | Respondent's factum, (2 volumes), Completed on: 2009-10-14 | Attorney General of Canada |
| 2009-10-14 | Respondent's book of authorities, Completed on: 2009-10-14 | Barreau du Québec |
| 2009-10-14 | Respondent's factum, Completed on: 2009-10-14 | Barreau du Québec |
| 2009-10-14 | Respondent's book of authorities, Completed on: 2009-10-14 | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2009-10-14 | Respondent's record, Completed on: 2009-10-14 | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2009-10-14 | Respondent's factum, Completed on: 2009-10-14 | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2009-09-28 | Response to the motion for leave to intervene, from Gowling (e-mail rec'd Sept. 28/09) to motions by BCCLA, CCLA and Canadian Newspapers Ass., Completed on: 2009-09-28 | Barreau du Québec |
| 2009-09-25 | Response to the motion for leave to intervene, (Letter Form), from Pierre Landry dated Sept. 25/09 (by BCCLA, CCLA and Canadian Newspaper Ass.), Completed on: 2009-09-25 | Attorney General of Quebec |
| 2009-09-25 | Response to the motion for leave to intervene, (Letter Form), from Pierre Landry dated Sept. 24/09 (by BCCLA, CCLA and Canadian Newspaper Ass.), Completed on: 2009-09-25 | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2009-09-25 | Response to the motion for leave to intervene, from F. Demers (fax rec'd Sept. 25/09) to motions by BCCLA, CCLA and Canadian Newspapers Ass., Completed on: 2009-09-25 | Canadian Broadcasting Corporation |
| 2009-09-25 | Response to the motion for leave to intervene, from P. Salois (fax rec'd Sept. 25/09) to motions by Canadian Newspapers Ass., CCLA and BCCLA, Completed on: 2009-09-25 | Attorney General of Canada |
| 2009-09-18 | Response to the motion for leave to intervene, from Gowling (e'mail rec'd Sept. 18/09) by Canadian Newspapers Ass., Completed on: 2009-09-18 | Barreau du Québec |
| 2009-09-17 | Motion for leave to intervene, (Joint with 32987)(bookform) New covers requested (rec'd Sept. 18/09), Completed on: 2009-09-18 | British Columbia Civil Liberties Association |
| 2009-09-17 | Motion for leave to intervene, Completed on: 2009-09-17 | Canadian Civil Liberties Association |
| 2009-09-16 | Motion for leave to intervene, Completed on: 2009-09-18 | Canadian Newspaper Association |
| 2009-09-02 | Notice of withdrawal, from the AG of Newfoundland and Labrador | Attorney General of Newfoudland & Labrador |
| 2009-08-20 | Appellant's book of authorities, (3 volumes), Completed on: 2009-08-20 | Canadian Broadcasting Corporation |
| 2009-08-20 | Appellant's record, (8 volumes) Mar. 3/10 changes to volume VII page 9A and 81A added and new cd rec'd Mar. 5/10., Completed on: 2009-08-20 | Canadian Broadcasting Corporation |
| 2009-08-20 | Appellant's factum, Completed on: 2009-08-20 | Canadian Broadcasting Corporation |
| 2009-06-29 | Notice of intervention respecting a constitutional question | Attorney General of Newfoudland & Labrador |
| 2009-06-29 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2009-06-29 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2009-06-01 | Notice of constitutional question(s), 3 copies rec'd | Canadian Broadcasting Corporation |
| 2009-05-28 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2009-05-28 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Do Rule 38.1 of the Rules of practice of the Superior Court of Québec in civil matters, R.R.Q., c. C-25, r. 8, and s. 8B of the Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002, SI/2005-19, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does Directive A-10 of the Ministère de la Justice du Québec entitled Le maintien de l'ordre et du décorum dans les palais de justice infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 5. Do Rule 38.2 of the Rules of practice of the Superior Court of Québec in civil matters, R.R.Q., c. C-25, r. 8, and s. 8A of the Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002, SI/2005-19, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? 6. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2009-05-25 | Submission of motion to state a constitutional question, CJ | |
| 2009-05-19 | Reply to the motion to state a constitutional question, (Letter Form), from Barry Landy dated May 19/09, Completed on: 2009-05-19 | Canadian Broadcasting Corporation |
| 2009-05-14 | Response to the motion to state a constitutional question, Completed on: 2009-05-14 | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2009-05-14 | Response to the motion to state a constitutional question, (bookform), Completed on: 2009-05-14 | Attorney General of Canada |
| 2009-05-13 | Response to the motion to state a constitutional question, (bookform), Completed on: 2009-05-19 | Attorney General of Quebec |
| 2009-05-04 | Notice of appeal, Completed on: 2009-05-04 | Canadian Broadcasting Corporation |
| 2009-05-04 | Motion to state a constitutional question, (bookform), Completed on: 2009-05-04 | Canadian Broadcasting Corporation |
| 2009-05-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (also sent by fax to Me Langlois on June 9, 2009) | |
| 2009-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-04-03 | Judgment on leave sent to the parties | |
| 2009-04-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-017220-062, 2008 QCCA 1910, dated October 10, 2008, is granted without costs. Granted, without costs |
|
| 2009-03-02 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-02-02 | Applicant's reply to respondent's argument, Reply to Attorney General of Canada, Completed on: 2009-02-02 | Canadian Broadcasting Corporation |
| 2009-02-02 | Applicant's reply to respondent's argument, Reply to Attorney General of Quebec, Completed on: 2009-02-02 | Canadian Broadcasting Corporation |
| 2009-01-28 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response, Completed on: 2009-01-28 | Barreau du Québec |
| 2009-01-26 | Respondent's response on the application for leave to appeal, (2 volumes), Completed on: 2009-01-26 | Attorney General of Quebec |
| 2009-01-26 | Respondent's response on the application for leave to appeal, Completed on: 2009-01-26 | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2009-01-26 | Respondent's response on the application for leave to appeal, Completed on: 2009-01-26 | Attorney General of Canada |
| 2009-01-21 | Correspondence received from, Mr. Landry dated Jan-20-09 re: will be acting as agent | The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court |
| 2008-12-10 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2008-12-08 | Application for leave to appeal, Missing signed C/A order - Rec'd on Dec. 23, 2008, Completed on: 2008-12-08 | Canadian Broadcasting Corporation |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Canadian Broadcasting Corporation | Appellant | Active |
| Groupe TVA inc., La Presse ltée, Fédération professionnelle des journalistes du Québec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
| The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court | Respondent | Active |
| Barreau du Québec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Canadian Newspaper Association | Intervener | Active |
| Ad IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Canadian Association of Journalists, Canadian Journalists for Free Expression and Canadian Publishers' Council | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Canadian Broadcasting Corporation
Counsel
Barry Landy
François Demers
François Demers
Spiegel Sohmer
1203 - 5 Place Ville-Marie
Montréal, Quebec
H3B 2G2
Telephone: (514) 875-7880
FAX: (514) 875-8237
Email: blandy@spiegelsohmer.com
1203 - 5 Place Ville-Marie
Montréal, Quebec
H3B 2G2
Telephone: (514) 875-7880
FAX: (514) 875-8237
Email: blandy@spiegelsohmer.com
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Groupe TVA inc., La Presse ltée, Fédération professionnelle des journalistes du Québec
Counsel
Barry Landy
Spiegel Sohmer
1203 - 5 Place Ville-Marie
Montréal, Quebec
H3B 2G2
Telephone: (514) 875-7880
FAX: (514) 875-8237
Email: blandy@spiegelsohmer.com
1203 - 5 Place Ville-Marie
Montréal, Quebec
H3B 2G2
Telephone: (514) 875-7880
FAX: (514) 875-8237
Email: blandy@spiegelsohmer.com
Agent
Marie-France Major
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Attorney General of Quebec
Counsel
Jean-François Jobin
Marie-Eve Mayer
Dominique A. Jobin
Isabelle Harnois
Marie-Eve Mayer
Dominique A. Jobin
Isabelle Harnois
Procureur général du Québec
1, rue Notre-Dame Est
Bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: jean-francois.jobin@justice.gouv.qc.ca
1, rue Notre-Dame Est
Bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: jean-francois.jobin@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Canada
Counsel
Pierre Salois
Nathalie Benoit
Claude Joyal
Nathalie Benoit
Claude Joyal
Côté, Marcoux & Joyal
Complexe Guy-Favreau
200 René-Lévesque Blvd. W. East Tower, 5th Floor
Montreal, Quebec
H2Z 1X4
Telephone: (514) 283-8733
FAX: (514) 283-3856
Email: pierre.salois@justice.gc.ca
Complexe Guy-Favreau
200 René-Lévesque Blvd. W. East Tower, 5th Floor
Montreal, Quebec
H2Z 1X4
Telephone: (514) 283-8733
FAX: (514) 283-3856
Email: pierre.salois@justice.gc.ca
Agent
Christopher M. Rupar
Procureur général du Canada
234, rue Wellington
Pièce 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
234, rue Wellington
Pièce 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court
Counsel
Raynold Langlois, c.r.
Marie Cossette
Marie Cossette
Langlois Kronström Desjardins
Tour Scotia, 28e étage
1002, rue Sherbrooke Ouest
Montréal, Quebec
H3A 3L6
Telephone: (514) 282-7825
FAX: (514) 845-6573
Email: raynold.langlois@lkd.ca
Tour Scotia, 28e étage
1002, rue Sherbrooke Ouest
Montréal, Quebec
H3A 3L6
Telephone: (514) 282-7825
FAX: (514) 845-6573
Email: raynold.langlois@lkd.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Barreau du Québec
Counsel
Douglas C. Mitchell
Irving Mitchell Kalichman LLP
2, Place Alexis Nihon
3500, boul. De Maisonneuve Ouest, Bureau 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.ca
2, Place Alexis Nihon
3500, boul. De Maisonneuve Ouest, Bureau 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Attorney General of Alberta
Counsel
Donald B. Padget
Attorney General of Alberta
4th Floor, Bowker Bldg.
9833 - 109 Street
Edmonton, Alberta
T5K 3S8
Telephone: (780) 427-0842
FAX: (780) 425-0307
Email: donald.padget@gov.ab.ca
4th Floor, Bowker Bldg.
9833 - 109 Street
Edmonton, Alberta
T5K 3S8
Telephone: (780) 427-0842
FAX: (780) 425-0307
Email: donald.padget@gov.ab.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Canadian Civil Liberties Association
Counsel
Mahmud Jamal
Jason MacLean
Jason MacLean
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Ad IDEM/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists, Canadian Association of Journalists, Canadian Journalists for Free Expression and Canadian Publishers' Council
Counsel
Christian Leblanc
Daniel W. Burnett
Marc-André Nadon
Daniel W. Burnett
Marc-André Nadon
Fasken Martineau DuMoulin LLP
Bureau 3700, C.P. 242
800, Place Victoria
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7545
FAX: (514) 397-7600
Email: cleblanc@fasken.com
Bureau 3700, C.P. 242
800, Place Victoria
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7545
FAX: (514) 397-7600
Email: cleblanc@fasken.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: British Columbia Civil Liberties Association
Counsel
Simon V. Potter
McCarthy Tetrault, s.e.n.c.r.l., s.r.l.
2500 - 1000, rue De la Gauchetière Ouest
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4268
FAX: (514) 875-6246
Email: spotter@mccarthy.ca
2500 - 1000, rue De la Gauchetière Ouest
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4268
FAX: (514) 875-6246
Email: spotter@mccarthy.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Canadian Newspaper Association
Counsel
Christian Leblanc
Fasken Martineau DuMoulin LLP
Bureau 3700, C.P. 242
800, Place Victoria
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7545
FAX: (514) 397-7600
Email: cleblanc@fasken.com
Bureau 3700, C.P. 242
800, Place Victoria
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7545
FAX: (514) 397-7600
Email: cleblanc@fasken.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Canadian Charter - Freedom of expression and of press - Presence of press in courthouses - Rules and directives adopted by Superior Court and Ministère de la Justice to circumscribe journalists’ activities in courthouses and prohibit media from broadcasting official recordings of trials - Whether Rule 38.1 of Rules of practice of the Superior Court of Québec in civil matters, R.R.Q., c. C-25, r. 8, and s. 8B of Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002, SI/2005-19, infringe s. 2(b) of Canadian Charter of Rights and Freedoms - If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms - Whether Directive A-10 of Ministère de la Justice du Québec entitled Le maintien de l’ordre et du décorum dans les palais de justice infringes s. 2(b) of Canadian Charter of Rights and Freedoms - If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms - Whether Rule 38.2 of Rules of practice of the Superior Court of Québec in civil matters, R.R.Q., c. C-25, r. 8, and s. 8A of Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division, 2002, SI/2005-19, infringe s. 2(b) of Canadian Charter of Rights and Freedoms - If so, whether infringement is reasonable limit prescribed by law that can be demonstrably justified in free and democratic society under s. 1 of Canadian Charter of Rights and Freedoms.
Responding to excesses caused by large numbers of journalists and the disclosure of official recordings, the judges of the Quebec Superior Court adopted rules for the conduct of civil and criminal trials at a general meeting held in 2004. The rules provided that cameras could be present and interviews conducted only in areas designated by the Chief Justice and also prohibited the media from broadcasting official recordings. The Chief Justice’s directives designated authorized areas, reiterated the rules and added a more specific prohibition against pursuing people with cameras or microphones. Quebec’s Ministère de la Justice adopted a directive to make the instructions concerning relations between users and journalists applicable to all courthouses. All these rules were contested in the Appellants’ declaratory action.
Lower court rulings
October 20, 2006
Superior Court of Quebec
500-17-027637-050
Superior Court of Quebec
500-17-027637-050
Rejet de l'action déclaratoire des demanderesses
October 10, 2008
Court of Appeal of Quebec (Montréal)
2008 QCCA 1910, 500-09-017220-062
Court of Appeal of Quebec (Montréal)
2008 QCCA 1910, 500-09-017220-062
Rejet de l'appel
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Date modified: 2025-02-27