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36495

BC Freedom of Information and Privacy Association v. Attorney General of British Columbia

(British Columbia) (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)
2017-01-30 Appeal closed
2017-01-27 Formal judgment sent to the registrar of the court of appeal and all parties
2017-01-27 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-01-26 Judgment on the appeal rendered, CJ Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041813, 2015 BCCA 172, dated April 23, 2015, heard on October 11, 2016, is dismissed. The parties have agreed that they will bear their own costs.
Dismissed
2017-01-23 Notice of name, (Letter Form), (Electronic version filed on 2017-01-23) British Columbia Civil Liberties Association
2016-12-15 Correspondence received from, Karen Horsman dated 2016-12-15. Re: Legislative amendment to s.240(3)(b) (Sent to the Court on 2016-12-16) Attorney General of British Columbia
2016-10-21 Transcript received, 135 pages
2016-10-11 Judgment reserved OR rendered with reasons to follow
2016-10-11 Intervener's condensed book, Submitted ib Court (14 copies) Canadian Civil Liberties Association
2016-10-11 Respondent's condensed book, Submitted in court (14 copies) Attorney General of British Columbia
2016-10-11 Appellant's condensed book, Submitted in Court (14 copies) BC Freedom of Information and Privacy Association
2016-10-11 Hearing of the appeal, 2016-10-11, CJ Mo Ka Wa Ga Côt Br
Judgment reserved
2016-10-07 Correspondence received from, Chantal Descoste dated 2016-10-07. Re: Consents to the late service of the BCCLA factum Attorney General of Quebec
2016-10-03 Notice of appearance, Karen Horsman and Sarah Bevan will be present at the hearing. Attorney General of British Columbia
2016-09-30 Notice of appearance, Dominique Jobin and Jean-Vincent Lacroix will be present at the hearing. Attorney General of Quebec
2016-09-27 Notice of appearance, Sean Hern and Alison Latimer will be present at the hearing. BC Freedom of Information and Privacy Association
2016-09-27 Notice of appearance, Zohar Levy and Gillian Hnatiw will be present at the hearing. Canadian Civil Liberties Association
2016-09-27 Notice of appearance, (Letter Form), Mr. Michael H. Morris will be appearing on behalf of the intervener, Attorney General of Canada Attorney General of Canada
2016-09-26 Notice of appearance, Daniel Guttman and Emily Bala will be present at the hearing. Attorney General of Ontario
2016-09-20 Notice of appearance, Sheila Tucker and Joanne Lysyk will be present at the hearing. British Columbia Civil Liberties Association
2016-09-19 Order by, JUSTICE GASCON, FURTHER TO THE ORDER dated June 30, 2016, granting leave to intervene to the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association;
IT IS HEREBY FURTHER ORDERED THAT:
1. The said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
2. The Attorney General of Canada, the Attorney General of Ontario and the Attorney General of Quebec are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals.
Granted
2016-08-25 Intervener's book of authorities, (Book Form), Completed on: 2016-08-25, (Electronic version filed on 2016-08-29) Canadian Civil Liberties Association
2016-08-25 Intervener's factum, (Book Form), Proof of service missing. Received 2016-08-26., Completed on: 2016-08-26, (Electronic version filed on 2016-08-25) Canadian Civil Liberties Association
2016-08-24 Intervener's book of authorities, (Book Form), Completed on: 2016-08-24, (Electronic version filed on 2016-08-24) British Columbia Civil Liberties Association
2016-08-24 Intervener's factum, (Book Form), Completed on: 2016-08-24, (Electronic version filed on 2016-08-24) British Columbia Civil Liberties Association
2016-08-16 Notice of hearing sent to parties
2016-08-10 Appeal hearing scheduled, 2016-10-11, (EARLY START : 9:00AM)
Judgment reserved
2016-07-27 Certificate (on limitations to public access), (Letter Form) Attorney General of Canada
2016-07-27 Intervener's book of authorities, (Book Form), Completed on: 2016-07-27 Attorney General of Canada
2016-07-27 Intervener's factum, (Book Form), Completed on: 2016-07-27 Attorney General of Canada
2016-07-27 Intervener's book of authorities, (Book Form), Completed on: 2016-07-27 Attorney General of Quebec
2016-07-27 Intervener's factum, (Book Form), Completed on: 2016-07-27 Attorney General of Quebec
2016-07-27 Intervener's book of authorities, (Book Form), Completed on: 2016-07-27 Attorney General of Ontario
2016-07-27 Intervener's factum, (Book Form), Completed on: 2016-07-27 Attorney General of Ontario
2016-07-08 Appeal perfected for hearing
2016-06-30 Order on motion for leave to intervene, by JUSTICE CROMWELL
2016-06-30 Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said two (2) interveners shall each be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before August 25, 2016.
The requests to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
Granted
2016-06-30 Submission of motion for leave to intervene, Cro
2016-06-28 Certificate of counsel (attesting to record) Attorney General of British Columbia
2016-06-28 Respondent's book of authorities, (2 volumes), Completed on: 2016-06-28 Attorney General of British Columbia
2016-06-28 Respondent's record, Completed on: 2016-06-28 Attorney General of British Columbia
2016-06-28 Respondent's factum, Completed on: 2016-06-28 Attorney General of British Columbia
2016-06-03 Response to the motion for leave to intervene, Completed on: 2016-06-03 Attorney General of British Columbia
2016-06-03 Response to the motion for leave to intervene, Completed on: 2016-06-03 BC Freedom of Information and Privacy Association
2016-05-31 Intervener's book of authorities, On the motion to intervene, Completed on: 2016-05-31 Canadian Civil Liberties Association
2016-05-31 Motion for leave to intervene, (Book Form), Completed on: 2016-05-31 Canadian Civil Liberties Association
2016-05-27 Motion for leave to intervene, Completed on: 2016-05-27 British Columbia Civil Liberties Association
2016-05-27 Correspondence received from, AG Canada- Counsel will be Michael H. Morris. Attorney General of Canada
2016-05-03 Certificate of counsel (attesting to record) BC Freedom of Information and Privacy Association
2016-05-03 Appellant's book of authorities, Completed on: 2016-05-03 BC Freedom of Information and Privacy Association
2016-05-03 Appellant's record, (2 volumes), Completed on: 2016-05-03 BC Freedom of Information and Privacy Association
2016-05-03 Appellant's factum, Completed on: 2016-05-03 BC Freedom of Information and Privacy Association
2016-03-09 Notice of intervention respecting a constitutional question, (Letter Form) Attorney General of Ontario
2016-03-09 Notice of intervention respecting a constitutional question, (Letter Form), (Electronic version filed on 2016-03-09) Attorney General of Canada
2016-03-09 Notice of intervention respecting a constitutional question, (Letter Form), (Printed version filed on 2016-03-09) Attorney General of Quebec
2016-02-10 Notice of constitutional question(s), (Letter Form), All Attorneys General served on February 10, 2016., (Printed version filed on 2016-02-11) BC Freedom of Information and Privacy Association
2016-02-09 Order on motion to state a constitutional question, (by CHIEF JUSTICE MCLACHLIN)
2016-02-09 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. Does section 239 of the Election Act, R.S.B.C. 1996, c. 106, infringe section 2(b) of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms?
Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention.
Granted
2016-02-09 Submission of motion to state a constitutional question, CJ
2016-01-22 Correspondence (sent by the Court) to, all parties by mail, re: new tentative hearing date.
2016-01-22 Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2016-01-22, (Electronic version filed on 2016-01-22) BC Freedom of Information and Privacy Association
2016-01-15 Response to the motion to state a constitutional question, (Book Form), Completed on: 2016-01-15, (Electronic version filed on 2016-01-15) Attorney General of British Columbia
2015-12-30 Motion to state a constitutional question, (Letter Form), Completed on: 2015-12-30 BC Freedom of Information and Privacy Association
2015-12-30 Certificate (on limitations to public access) BC Freedom of Information and Privacy Association
2015-12-30 Notice of name BC Freedom of Information and Privacy Association
2015-12-30 Notice of appeal, Completed on: 2015-12-30 BC Freedom of Information and Privacy Association
2015-12-16 Transcript received, 21 pages
2015-12-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-12-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2015-12-01 Judgment on leave sent to the parties
2015-11-30 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 for British Columbia (Vancouver), Number CA041813, 2015 BCCA 172, dated April 23, 2015, is granted with costs in the cause.
Granted, with costs in the cause
2015-11-30 Hearing of the application for leave to appeal, 2015-11-30, CJ Mo Ga
Decision rendered
2015-11-25 Notice of appearance, Karen Horsman will be appearing Attorney General of British Columbia
2015-11-25 Notice of appearance, (Letter Form), Sean Hern and Alison M. Latimer will be appearing and Mr. Hern will make oral submissions BC Freedom of Information and Privacy Association
2015-11-17 Notice of hearing sent to parties
2015-11-12 Correspondence (sent by the Court) to, all parties to the application for leave to appeal. Letter advising that the Court has ordered an oral hearing on the application for leave to appeal and that the hearing is set to take place November 30, 2015.
2015-11-12 Appeal hearing scheduled, 2015-11-30, Early start 9 a.m. (ORAL HEARING FOR APPLICATION ON LEAVE TO APPEAL)
2015-11-12 Order by, CJ Mo Ga, An oral hearing of the application for leave to appeal is ordered in accordance with s. 43(1)(c) of the Supreme Court Act. The hearing date will be fixed by the Registrar.
Oral hearing ordered
2015-10-19 All materials on application for leave submitted to the Judges, 2015-11-30, CJ Mo Ga
Decision rendered
2015-08-31 Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-08-31, (Electronic version filed on 2015-08-31) BC Freedom of Information and Privacy Association
2015-08-19 Certificate (on limitations to public access) Attorney General of British Columbia
2015-08-19 Respondent's response on the application for leave to appeal, Completed on: 2015-08-19 Attorney General of British Columbia
2015-06-26 Letter acknowledging receipt of an incomplete application for leave to appeal, (File opened 2015-06-26)
2015-06-22 Notice of name, (Letter Form), (Electronic version filed on 2015-06-30) BC Freedom of Information and Privacy Association
2015-06-22 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-30) BC Freedom of Information and Privacy Association
2015-06-22 Application for leave to appeal, (Book Form), CA order to follow - Received July 8, 2015, Completed on: 2015-07-08, (Electronic version filed on 2015-06-30) BC Freedom of Information and Privacy Association

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
BC Freedom of Information and Privacy Association Appellant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of British Columbia Respondent Active

Other parties

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

Counsel

Party: BC Freedom of Information and Privacy Association

Counsel
Sean Hern
Alison M. Latimer
Farris, Vaughan, Wills & Murphy LLP
Box 10026, Pacific Ctr. S., TD Bank Twr.
2500 - 700 West Georgia Street
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: shern@farris.com
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: Attorney General of British Columbia

Counsel
Karen A. Horsman, Q.C.
Sarah Bevan
Attorney General of British Columbia
1301 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
FAX: (604) 660-3833
Email: karen.horsman@gov.bc.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: British Columbia Civil Liberties Association

Counsel
Sheila M. Tucker
Joanne R. Lysyk
Shapray Cramer Fitterman Lamer LLP
Suite 670 -999 Canada Place
Vancouver, British Columbia
V6C 3E1
Telephone: (604) 681-0900
FAX: (604) 681-0920
Email: stucker@scfl-law.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com

Party: Attorney General of Quebec

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

Party: Attorney General of Canada

Counsel
Michael H. Morris
Attorney General of Canada
The Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9704
FAX: (416) 973-0809
Email: michael.morris@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Ontario

Counsel
Daniel Guttman
Emily Bala
Attorney General of Ontario
7th Floor
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4460
FAX: (416) 326-4015
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Canadian Civil Liberties Association

Counsel
Gillian T. Hnatiw
Zohar R. Levy
Lerners LLP
130 Adelaide Street
Suite 2400
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2354
FAX: (416) 867-2400
Email: ghnatiw@lerners.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Summary

Keywords

None.

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.

Charter of Rights - Constitutional law - Freedom of expression - Elections - Election advertising - Third party advertising - Requirement that all third party advertisers register before advertising - Does s. 239 of the Election Act, R.S.B.C. 1996, c. 106, infringe s. 2(b) of the Canadian Charter of Rights and Freedoms - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms - What remedy is appropriate?

Section 239 of the Election Act, R.S.B.C. 1996, c. 106, requires third party sponsors of election advertising during a campaign period to register with the Chief Electoral Officer. The British Columbia Freedom of Information and Privacy Association brought a Charter challenge to this provision, alleging that it breached the right to freedom of expression found in s. 2(b) and should be read down to include an exception for third parties spending less than $500 on election advertising.

The trial judge found that s. 239 infringed freedom of expression, but, based on Harper v. Canada (Attorney General), 2004 SCC 33, found that the infringement was justified under s. 1 of the Charter. The Court of Appeal, Saunders J.A. dissenting, dismissed the appeal.

Lower court rulings

April 16, 2014
Supreme Court of British Columbia

13-0335 2014 BCSC 660

Motion for summary trial dismissed.

April 23, 2015
Court of Appeal for British Columbia (Vancouver)

CA041813 2015 BCCA 172

Appeal dismissed.

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27