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32987

Canadian Broadcasting Corporation v. Her Majesty the Queen, et al.

(Quebec) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2011-03-25 Appeal closed
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 Superior Court of Quebec, Number 160-01-000236-075, dated December 3, 2008, heard on March 16, 2010, is dismissed without costs.
Dismissed, without costs
2011-01-17 Correspondence received from, Dominique A. Jobin dated December 23, 2010. Re: Filing of a December 21, 2010 decision with consent (200-10-002328-099) (Sent to the Court on January 20, 2011) Her Majesty the Queen
2010-11-10 Correspondence received from, Dominique A. Jobin dated Nov. 9/10 re: has no objection to submit the ON C/A judgment to the Court Her Majesty the Queen
2010-11-09 Correspondence received from, Pierre Salois dated Nov. 9/10 re: takes no position about the submission of the ON C/A judgment to the Court Attorney General of Canada
2010-11-02 Correspondence received from, Geneviève McSween dated Nov. 2/10 joint with the judgment of the C/A of Ont. 2010 ONCA 726 dated Nov. 1/10 (sent to the Court on Nov. 16/10) Canadian Broadcasting Corporation
2010-07-19 Media lock-up request accepted
2010-07-09 Media lock-up consent form received from Her Majesty the Queen
2010-06-30 Media lock-up consent form received from Canadian Broadcasting Corporation
2010-06-30 Media lock-up consent form received from Stéphan Dufour
2010-06-14 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 Quebec
2010-03-16 Respondent's condensed book, Filed at the hearing Attorney General of Canada
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
2010-03-12 Correspondence received from, Guy Régimbald rec'd by fax re: objecting to the supplemental authorities of the AGAlta (cc. to all parties) (sent to the Court Mar. 15/10) Canadian Broadcasting Corporation
2010-03-11 Supplemental document, Supplemental Authorities - joint with 32920, 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
2010-03-09 Reply factum on appeal, Pursuant to the decision of Lebel J. March 4/10, Completed on: 2010-03-09 Her Majesty the Queen
2010-03-04 Order on motion to strike out, (BY BINNIE J.)
2010-03-04 Decision on motion to strike out, LeB, UPON A MOTION by the respondent Her Majesty the Queen and the intervener Attorney General of Quebec to strike certain material filed by the appellant as rebuttal evidence and to adjust the applicable time limits;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
(1) The motion is dismissed.
(2) The motion to adjust the time limits is granted. The respondents and interveners may each serve and file a supplementary factum not to exceed 5 pages in reply to the cross-examinations and the rebuttal evidence on or before March 9, 2010.
Allowed in part
2010-03-03 Correspondence received from, Pascale F. Tremblay dated March 3/10 in response to Ms. McSween letter of Feb. 26/10 (Sent to the Court on March 4/10) Stéphan Dufour
2010-03-02 Submission of motion to strike out, LeB
2010-03-02 Reply to motion to strike out, Completed on: 2010-03-02 Her Majesty the Queen
2010-03-01 Correspondence received from, Ms. McSween dated Feb. 26/10 re: Respondent Stéphane Dufour's factum contains new issues (Sent to the Court on March 4/10) Canadian Broadcasting Corporation
2010-02-26 Response to motion to strike out, Completed on: 2010-02-26 Canadian Broadcasting Corporation
2010-02-25 Respondent's record, Pursuant to the Order from LeBel J. dated December 18, 2009, Completed on: 2010-02-25 Stéphan Dufour
2010-02-25 Respondent's factum, Pursuant to the Order from LeBel J. dated December 18, 2009, Completed on: 2010-02-25 Stéphan Dufour
2010-02-24 Correspondence received from, Donald Padget re: in response to the letter of Feb. 17/10 Attorney General of Alberta
2010-02-23 Reply factum on appeal, (further to the order of LeBel dated Feb. 9/10 re: Baier v. Alberta) (sent to the judges Feb. 25/10), Completed on: 2010-02-23 Canadian Broadcasting Corporation
2010-02-19 Response to motion to strike out, (Letter Form), from Pascale F. Tremblay dated Feb. 19/10, Completed on: 2010-02-19 Stéphan Dufour
2010-02-19 Correspondence received from, Pascale Tremblay re: response to the lettre of SRC of Feb. 17/10 Stéphan Dufour
2010-02-19 Correspondence received from, Pierre Salois dated Feb. 18/10 re: response to lettre of SRC dated Feb. 17/10 requesting changes to the counsel sheet. Attorney General of Canada
2010-02-18 Motion to strike out, the affidavit of Isabelle Richer and the expert reports of Pierre Trudel and Paule Beaugrand-Champagne etc. from the appellant's suppl. record and suppl. factum filed Feb. 11/10, Completed on: 2010-02-18 Her Majesty the Queen
2010-02-17 Correspondence received from, Gowlings re: request the file 32987 and 32920 be heard separately (Feb. 25/10 counsel advised that there will be no changes to the counsel sheet) Canadian Broadcasting Corporation
2010-02-12 Notice of appearance, Michel Boudreault and Pascale F. Tremblay will be appearing Stéphan Dufour
2010-02-11 Supplemental document, Appellant's Supplemental Record, Completed on: 2010-02-12 Canadian Broadcasting Corporation
2010-02-11 Supplemental factum, (further to the order of LeBel dated Dec. 18/09), Completed on: 2010-02-12 Canadian Broadcasting Corporation
2010-02-11 Notice of appearance, Dominique Jobin and Denis Dionne will be appearing Her Majesty the Queen
2010-02-11 Notice of appearance, Mahmud Jamal and Jason MacLean will be appearing Canadian Civil Liberties Association
2010-02-10 Notice of appearance, Sylvie Gadoury, Geneviève McSween and Anne-Julie Perrault will be present at the hearing. Canadian Broadcasting Corporation
2010-02-09 Order on motion to strike out, (BY LEBEL J.)
2010-02-09 Decision on motion to strike out, LeB, À LA SUITE D’UNE REQUÊTE présentée par l'appelante pour obtenir la radiation des paragraphes 33, 70, 74, 97-98, 100-101, 103 et 138 à 140 du mémoire conjoint de l'intimée Sa Majesté la Reine et de l'intervenante Procureure générale du Québec;
APRÈS EXAMEN des documents déposés;
IL EST ORDONNÉ CE QUI SUIT :
La requête est rejetée.
Dismissed
2010-02-09 Order on motion to file a reply factum on appeal, (BY LEBEL J.)
2010-02-09 Decision on the motion to file a reply factum on appeal, LeB, À LA SUITE D’UNE REQUÊTE présentée par l'appelante pour obtenir la permission de déposer un mémoire en réplique au mémoire conjoint de l'intimée Sa Majesté la Reine et de l'intervenante Procureure générale du Québec;
APRÈS EXAMEN des documents déposés;
IL EST ORDONNÉ CE QUI SUIT :
La requête est accordée. L’appelante est autorisée à signifier et déposer un mémoire en réplique d’au plus de 5 pages concernant l’application de l’arrêt Baier c. Alberta, [2007] 2 R.C.S. 673.
Granted
2010-02-05 Notice of appearance, Claude Joyal and Pierre Salois will 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, Gaetan Migneault will be appearing Attorney General of New Brunswick
2010-02-04 Submission of motion to strike out, LeB
2010-02-04 Submission of motion to file a reply factum on appeal, LeB
2010-02-04 Notice of appearance, Simon V. Potter and Michael Feder will be appearing British Columbia Civil Liberties Association
2010-02-01 Intervener's book of authorities, Joint with 32920, Completed on: 2010-02-01 Attorney General of Alberta
2010-02-01 Intervener's factum - AG on constitutional question, Joint with 32920, Completed on: 2010-02-01 Attorney General of Alberta
2010-01-29 Response to motion to file a reply factum on appeal, (Letter Form), from Michel Boudreault dated Jan. 29/10 re: supports the Queen respondent (original rec'd Feb. 3/10), Completed on: 2010-01-29 Stéphan Dufour
2010-01-27 Response to motion to file a reply factum on appeal, Completed on: 2010-01-27 Her Majesty the Queen
2010-01-26 Reply to motion to strike out, (Letter Form), from Guy Régimbald dated Jan. 26/10, Completed on: 2010-01-26 Canadian Broadcasting Corporation
2010-01-25 Response to motion to strike out, (Letter Form), from Michel Boudreault dated Jan. 25/10 re: supports the Queen respondent, Completed on: 2010-01-25 Stéphan Dufour
2010-01-25 Response to motion to strike out, Completed on: 2010-01-25 Her Majesty the Queen
2010-01-19 Intervener's book of authorities, Completed on: 2010-01-19 Attorney General of New Brunswick
2010-01-19 Intervener's factum - AG on constitutional question, Completed on: 2010-01-19 Attorney General of New Brunswick
2010-01-15 Motion to file a reply factum on appeal, Completed on: 2010-01-15 Canadian Broadcasting Corporation
2010-01-15 Motion to strike out, 11 paragraphs of the joint respondent Queen and intrevener A.G. of Qc's factum, Completed on: 2010-01-15 Canadian Broadcasting Corporation
2010-01-15 Correspondence received from, Pierre Landry re: replacing page 11 of the Supplemental Record Part III (sent to the Court Jan. 20/10) Her Majesty the Queen
2010-01-14 Correspondence received from, Guy Regimbald dated Jan. 14/10 re: will not use his right to cross-examination pursuant to the order of Dec. 18/09 Canadian Broadcasting Corporation
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 32920, Completed on: 2010-01-11 British Columbia Civil Liberties Association
2010-01-11 Intervener's factum, Joint with 32920, Completed on: 2010-01-11 British Columbia Civil Liberties Association
2010-01-11 Correspondence received from, Osler re: filing of joint documents with 32920 Canadian Civil Liberties Association
2010-01-11 Intervener's book of authorities, Joint with 32920, Completed on: 2010-01-15 Canadian Civil Liberties Association
2010-01-11 Intervener's factum, Joint with 32920, Completed on: 2010-01-11 Canadian Civil Liberties Association
2009-12-22 Supplemental document, the expert report of Marc-François Bernier dated Oct. 8/09 (book form) (sent to the judges Dec. 30/09), Completed on: 2009-12-22 Her Majesty the Queen
2009-12-21 Supplemental document, the expert report of Hubert Van Ghijseghem dated September 28, 2009 (12 copies requested - rec'd book form on Dec. 30/09) (sent to the judges Dec. 30/09), Completed on: 2009-12-30 Stéphan Dufour
2009-12-18 Order on motion to adduce new evidence, (BY LEBEL J.)
2009-12-18 Decision on motion to adduce new evidence, LeB, UPON APPLICATION by the respondent Her Majesty the Queen and the intervener Attorney General of Quebec to produce additional documents in evidence, namely the expert report of Marc-François Bernier dated October 8, 2009 and the affidavit of René Lavigne dated October 9, 2009;
UPON APPLICATION by the respondent Stéphan Dufour to produce an additional document in evidence, namely the expert report of Hubert Van Ghijseghem dated September 28, 2009;
AND THE MATERIAL FILED having been read and its admissibility and relevance to the appeal having been considered;
IT IS HEREBY ORDERED THAT:
1. The motion of the respondent Her Majesty the Queen and the intervener Attorney General of Quebec is granted in part to authorize the production of the expert report of Marc-François Bernier, which must be served and filed no later than December 22, 2009. The production of the affidavit of René Lavigne is not authorized.
2. The motion of the respondent Stéphan Dufour is granted. The expert report of Hubert Van Ghijseghem must be served and filed on December 22, 2009;
3. The appellant is authorized to cross-examine Marc-François Bernier and Hubert Van Ghijseghem. The transcript of the cross-examinations must be served and filed no later than January 21, 2010.
4. If necessary, the appellant may serve and file a supplementary factum not to exceed 5 pages, together with rebuttal evidence, no later than February 11, 2010.
5. The respondent Stéphan Dufour may serve and file his factum, record and book of authorities no later than February 25, 2010.
6. The respondents and the interveners may each serve and file a supplementary factum not to exceed 5 pages in reply to the cross-examinations and to the rebuttal evidence no later than February 25, 2010.
Allowed in part
2009-12-18 Submission of motion to adduce new evidence, LeB
2009-12-09 Intervener's book of authorities, Completed on: 2009-12-09 Attorney General of Canada
2009-12-09 Intervener's factum - AG on constitutional question, Completed on: 2009-12-09 Attorney General of Canada
2009-11-25 Correspondence received from, Dominique A. Jobin dated Nov. 25/09 with missing pages in their books of authorities (sent to the Court Nov. 27/09) Her Majesty the Queen
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
2009-11-16 Respondent's record, CD rec'd Nov. 25/09 - 3 copies missing and rec'd Dec. 10/09, Completed on: 2009-12-11 Her Majesty the Queen
2009-11-16 Respondent's book of authorities, Vol. 1 to 3 joint with Attorney General of Quebec - CD rec'd Nov. 25/09, Completed on: 2009-12-01 Her Majesty the Queen
2009-11-16 Respondent's factum, Joint with Attorney General of Quebec - CD rec'd Nov. 25/09, Completed on: 2009-11-27 Her Majesty the Queen
2009-11-16 Appeal perfected for hearing
2009-11-09 Reply to motion to adduce new evidence, (Letter Form), from Michel Boudreault dated Nov. 9/09, Completed on: 2009-11-09 Stéphan Dufour
2009-11-02 Response to the motion to adduce new evidence, (by Stéphan Dufour), Completed on: 2009-11-02 Canadian Broadcasting Corporation
2009-10-30 Reply to motion to adduce new evidence, (Letter Form), from Dominique A. Jobin dated Oct. 27/09 re: will not file a reply and does not object the motion filed by stéphan Dufour, Completed on: 2009-10-30 Her Majesty the Queen
2009-10-29 Correspondence received, from F. Demers, for the appellants in 32920, dated Oct. 29/09 re: in response to B. A. Crane's letter of Oct. 22/09 (joint with 32920 - by fax)
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, 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 intervener 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
2009-10-26 Response to the motion for leave to intervene, (Letter Form), from Geneviève McSween dated Oct. 26/09, Completed on: 2009-10-26 Canadian Broadcasting Corporation
2009-10-23 Response to the motion for leave to intervene, (Letter Form), from Dominique J. Jobin dated Oct. 21/09 (by CCLA), Completed on: 2009-10-23 Her Majesty the Queen
2009-10-23 Response to the motion to adduce new evidence, (by Her Majesty the Queen), Completed on: 2009-10-23 Canadian Broadcasting Corporation
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
2009-10-21 Motion to adduce new evidence, namely Dr. Hubert Van Gijseghem expertise dated Sept. 28/09, Completed on: 2009-10-21 Stéphan Dufour
2009-10-19 Motion for leave to intervene, (bookform), Completed on: 2009-10-19 Canadian Civil Liberties Association
2009-10-14 Correspondence received from, Dominique Jobin dated Oct. 1/09 re: both parties will be represented by Noel & Ass. as agent. Her Majesty the Queen
2009-10-09 Motion to adduce new evidence, namely Marc-François Bernier's expert report and the affidavit of René Lavigne (bookform) (service of Mr. Bernier's Resume and Guide des pratiques policières rec'd Oct. 14/09), Completed on: 2009-10-09 Her Majesty the Queen
2009-10-01 Correspondence received from, Notice of change of agent re: Noel & Ass. will be agent for both the HMQ and AGQ Her Majesty the Queen
2009-09-21 Appellant's book of authorities, (3 volumes), Completed on: 2009-09-21 Canadian Broadcasting Corporation
2009-09-21 Appellant's record, (2 volumes), Completed on: 2009-09-21 Canadian Broadcasting Corporation
2009-09-21 Appellant's factum, Completed on: 2009-09-21 Canadian Broadcasting Corporation
2009-09-17 Motion for leave to intervene, (Joint with 32920), (bookform) New covers requested (rec'd Sept. 18/09), Completed on: 2009-09-25 British Columbia Civil Liberties Association
2009-08-25 Notice of intervention respecting a constitutional question Attorney General of Alberta
2009-08-20 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2009-08-11 Correspondence received from, Dominique A. Jobin dated Aug. 6/09 re: filing of a joint factum Her Majesty the Queen
2009-08-06 Notice of intervention respecting a constitutional question Attorney General of Quebec
2009-07-22 Notice of intervention respecting a constitutional question Attorney General of Canada
2009-06-30 Notice of constitutional question(s) Canadian Broadcasting Corporation
2009-06-29 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2009-06-29 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant 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 ss. 8 and 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?
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?
Granted
2009-06-22 Submission of motion to state a constitutional question, CJ
2009-06-16 Response to the motion to state a constitutional question, (Letter Form), from Mr. Boudreault dated June 12-09 re: relies upon the respondent, Her Majesty the Queen's response., Completed on: 2009-06-16 Stéphan Dufour
2009-06-15 Reply to the motion to state a constitutional question, Completed on: 2009-06-15 Canadian Broadcasting Corporation
2009-06-11 Response to the motion to state a constitutional question, Completed on: 2009-06-11 Her Majesty the Queen
2009-06-10 Correspondence received from, P. F. Tremblay dated June 10/09 re: Jean Campeau from Gatineau Legal Aid will be acting as agent Stéphan Dufour
2009-06-01 Motion to state a constitutional question, Completed on: 2009-06-01 Canadian Broadcasting Corporation
2009-06-01 Notice of appeal, CD rec'd June 3/09, Completed on: 2009-06-09 Canadian Broadcasting Corporation
2009-05-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-05-01 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-05-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-05-01 Judgment on leave sent to the parties
2009-04-30 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Superior Court of Quebec, Number 160-01-000236-075, dated December 3, 2008, is granted without costs. This appeal will be heard with Canadian Broadcasting Corporation, Groupe TVA inc., La Presse ltée and Fédération professionnelle des journalistes du Québec v. Attorney General of Quebec, Attorney General of Canada, The Honourable François Rolland in his capacity as Chief Justice of the Quebec Superior Court and Barreau du Québec (32920).
Granted, without costs
2009-03-30 All materials on application for leave submitted to the Judges, LeB De Cro
2009-03-19 Correspondence received from, Guy Régimbald dated March 19, 2009. Re: Similar with 32920 Canadian Broadcasting Corporation
2009-03-11 Applicant's reply to respondent's argument, Completed on: 2009-03-11 Canadian Broadcasting Corporation
2009-03-02 Respondent's response on the application for leave to appeal, Completed on: 2009-03-02 Her Majesty the Queen
2009-02-26 Respondent's response on the application for leave to appeal, (Letter Form), From Michel Boudreault dated Jan. 25, 2009. Re: Will not be filing a response (Original rec'd on March 2, 2009), Completed on: 2009-03-02 Stéphan Dufour
2009-02-04 Letter acknowledging receipt of a complete application for leave to appeal
2009-01-30 Application for leave to appeal, Completed on: 2009-01-30 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

Main parties - Appellants
Name Role Status
Canadian Broadcasting Corporation Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
Dufour, Stéphan Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Alberta Intervener Active
British Columbia Civil Liberties Association Intervener Active
Canadian Civil Liberties Association Intervener Active

Counsel

Party: Canadian Broadcasting Corporation

Counsel
Geneviève McSween
Anne-Julie Perrault
Sylvie Gadoury
Société Radio-Canada
1400, René-Lévesque Est
Montréal, Quebec
H2L 2M2
Telephone: (514) 597-4094
FAX: (514) 597-4087
Email: genevieve.mcsween@radio-canada.ca
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com

Party: Her Majesty the Queen

Counsel
Dominique A. Jobin
Denis Dionne
Procureur général du Québec
1200, route de l'Église, 2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20788
FAX: (418) 644-7030
Email: djobin@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

Party: Dufour, Stéphan

Counsel
Michel Boudreault
Pascale F. Tremblay
Boudreault Tourangeau Tremblay
200, rue Racine Est
Bureau 110
Chicoutimi, Quebec
G7H 1S1
Telephone: (418) 549-9191
FAX: (418) 549-8118
Email: memichelboudreault@globetrotter.net
Agent
Jean Campeau
Aide juridique de Gatineau
136, rue Wright
Gatineau, Quebec
J8X 2G9
Telephone: (819) 772-3084
FAX: (819) 772-3105
Email: jcampeau@ccjo.qc.cq

Party: Attorney General of Canada

Counsel
Claude Joyal
Pierre Salois
Procureur général du Canada
Tour est, 5e étage, Complexe Guy-Favreau
200, boul. René-Lévesque ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8768
FAX: (514) 283-3856
Email: claude.joyal@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Quebec

Counsel
Dominique A. Jobin
Procureur général du Québec
1200, route de l'Église, 2e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20788
FAX: (418) 644-7030
Email: djobin@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

Party: Attorney General of New Brunswick

Counsel
Gaétan Migneault
Attorney General of New Brunswick
Centennial Building, Room 447
P.O. Box 6000
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2222
FAX: (506) 453-3275
Email: gaetan.migneault@gnb.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

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
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

Party: British Columbia Civil Liberties Association

Counsel
Simon V. Potter
Michael A. Feder
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
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

Party: Canadian Civil Liberties Association

Counsel
Mahmud Jamal
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
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

Summary

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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 press - Broadcasting of images from video recording of statement made by accused to person in authority before being indicted - Whether order of Lévesque J. prohibiting broadcasting of exhibit in issue in its original form infringed s. 2(b) of Canadian Charter of Rights and Freedoms - Whether ss. 8 and 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.

The Respondent Stéphan Dufour was charged with aiding his uncle to commit suicide contrary to s. 241(b) of the Criminal Code. The Canadian Broadcasting Corporation and Groupe TVA jointly applied for permission to broadcast images from a video recording of the statement made by Mr. Dufour to a person in authority before he was indicted. The Superior Court dismissed the motion.

Lower court rulings

December 3, 2008
Superior Court of Quebec

160-01-000236-075

Rejette la demande

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Date modified: 2025-02-27