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31052

Paul Charles Bryan v. Her Majesty the Queen, et al.

(British Columbia) (Criminal) (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)
2007-05-29 Record returned to the Registrar of the Court of Appeal
2007-03-16 Appeal closed
2007-03-16 Formal judgment sent to the registrar of the court of appeal and all parties
2007-03-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2007-03-15 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA031385, 2005 BCCA 285, dated May 20, 2005, heard on October 16, 2006, is dismissed, McLachlin C.J. and Binnie, LeBel and Abella JJ. dissenting.
Dismissed
2006-10-27 Transcript received, 70 pages
2006-10-16 Judgment reserved OR rendered with reasons to follow
2006-10-16 Acknowledgement and consent for video taping of proceedings
2006-10-16 Intervener's condensed book, 14 copies - distributed in Court. Canadian Civil Liberties Association
2006-10-16 Respondent's condensed book, 14 copies - distributed in Court. Attorney General of Canada
2006-10-16 Appellant's condensed book, 14 copies - distributed in Court. Paul Charles Bryan
2006-10-16 Hearing of the appeal, 2006-10-16, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2006-10-10 Notice of appearance, Mahmud Jamal and Colin Feasby will be appearing. Canadian Civil Liberties Association
2006-10-10 Notice of appearance, Andrew I. Nathanson and Brook Greenberg will be appearing. Her Majesty the Queen
2006-09-29 Notice of appearance, Donald J. Jordan and Rodney W. Sieg will be appearing. Paul Charles Bryan
2006-09-29 Notice of appearance, Joseph Arvay, Q.C. and Brent Olthuis will be appearing at the hearing. Daniel Henry will also be appearing. Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-09-28 Notice of appearance, Graham Garton, Q.C. and Sean Gaudet will be appearing at the hearing. Attorney General of Canada
2006-09-22 Respondent's record, pursuant to the order of July 25, 2006, Completed on: 2006-09-22 Attorney General of Canada
2006-09-22 Supplemental document, Supplementary Book of Authorities Attorney General of Canada
2006-09-22 Reply factum on appeal, Completed on: 2006-09-22 Attorney General of Canada
2006-09-13 Order by, Ba, FURTHER TO THE ORDERS of Bastarache J. dated January 13, 2006 and July 17, 2006, granting leave to intervene jointly to the Canadian Broadcasting Corporation, CTV Inc., TVA Group Inc., Rogers Broadcasting Limited, CHUM Limited, Sun Media Corporation and Sun Media (Toronto) Corporation, the Canadian Press, The Globe and Mail, CanWest Media Works Inc. and CanWest MediaWorks Publications Inc. and Canoe Inc., and to the Canadian Civil Liberties Association;
IT IS HEREBY FURTHER ORDERED THAT the said joint media interveners on one part, and the CCLA on the other, are granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2006-09-11 Intervener's factum, as per Order of July 17/06 from Bastarche J., New CD rec'd Sept. 11/06, Completed on: 2006-09-25 Canadian Civil Liberties Association
2006-08-23 Notice of hearing sent to parties
2006-08-21 Appeal hearing scheduled, 2006-10-16
Judgment reserved
2006-08-17 Notice of withdrawal, of intervention respecting a constitutional question Attorney General of Ontario
2006-07-26 Order on motion to extend time, (BY BASTARACHE J.)
2006-07-26 Decision on motion to extend time, Ba, IT IS ORDERED that the time within which the Respondent, Her Majesty the Queen's factum may be served and filed be, and the same is hereby extended to and including July 6, 2006.
AND IT IS FURTHER ORDERED that the said Respondent, Her Majesty the Queen, may present oral argument on the hearing of this appeal.
Granted
2006-07-25 Order on motion to adduce new evidence, (BY BASTARACHE J.)
2006-07-25 Decision on motion to adduce new evidence, Ba, UPON APPLICATION by the respondent, Attorney General of Canada, for an order granting leave to adduce as further evidence a press release setting out the results of a public opinion survey conducted by Decima Research and Carleton University which were published in January 2006;
AND THE MATERIAL filed having been read;
IT IS HEREBY ORDERED THAT:
The motion by the respondent, Attorney General of Canada, for an order granting leave to adduce as further evidence a press release setting out the results of a public opinion survey conducted by Decima Research and Carleton University which were published in January 2006 is granted.

Granted
2006-07-24 Submission of motion to extend time, Ba
2006-07-24 Submission of motion to adduce new evidence, Ba
2006-07-24 Response to motion to extend time, Completed on: 2006-07-24 Paul Charles Bryan
2006-07-20 Reply to motion to adduce new evidence, (Letter Form), from Graham Garton, Q.C. dated July 21/06, Completed on: 2006-07-21 Attorney General of Canada
2006-07-18 Response to the motion to adduce new evidence, (Letter Form), from Donald Jordan, Q.C. dated July 18/06, Completed on: 2006-07-18 Paul Charles Bryan
2006-07-18 Response to the motion to adduce new evidence, (Letter Form), from J. Beedell dated July 18, 2006 (fax copy), Completed on: 2006-07-18 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-07-17 Order on motion for leave to intervene, (BY BASTARACHE J.)
2006-07-17 Decision on the motion for leave to intervene, Ba, 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 motion for leave to intervene of the applicant, the Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The motion for leave to intervene of the applicant, the British Columbia Civil Liberties Association, is denied.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The intervener 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) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
IT IS FURTHER ORDERED THAT:
The respondent, the Attorney General of Canada, is permitted to serve and file a reply factum not to exceed 20 pages in length within two weeks of the service of all interveners' factum.

Allowed in part
2006-07-17 Submission of motion for leave to intervene, Ba
2006-07-14 Response to the motion to adduce new evidence, (Letter Form), from Gowlings dated July 14/06 (joint with response for interventions), Completed on: 2006-07-14 Her Majesty the Queen
2006-07-14 Response to the motion for leave to intervene, (Letter Form), from Gowlings dated July 14/06 (by Can. Civil Lib. and B.C. Civil Lib.)(joint with response to motion for fresh evidence), Completed on: 2006-07-14 Her Majesty the Queen
2006-07-14 Response to motion to extend time, Completed on: 2006-07-14 Attorney General of Canada
2006-07-14 Motion to extend time, to file the respondent's factum to July 6/06 and to present oral argument, Completed on: 2006-07-21 Her Majesty the Queen
2006-07-13 Supplemental document, Media Interveners' Record of Affidavits (12 copies) (See Bastarache J.'s order dated March 22/06) Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-07-13 Book of authorities, Completed on: 2006-07-13 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-07-13 Intervener's factum, Completed on: 2006-07-13 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-07-11 Motion to adduce new evidence, namely a public opinion survey, Completed on: 2006-07-11 Attorney General of Canada
2006-07-10 Appeal perfected for hearing
2006-07-06 Respondent's factum, Completed on: 2006-07-14 Her Majesty the Queen
2006-07-04 Correspondence received from, Robert Frater dated July 4/06 in response to Ms. Wilson's letter of July 4/06 Attorney General of Canada
2006-07-04 Correspondence received from, Patricia J. Wilson dated July 4/06 re: advance the date to July 20/06 to file the intervener's factum Canadian Civil Liberties Association
2006-06-29 Respondent's book of authorities, Completed on: 2006-06-29 Attorney General of Canada
2006-06-29 Respondent's factum, Completed on: 2006-06-29 Attorney General of Canada
2006-06-07 Response to the motion for leave to intervene, (Letter Form), from Brent B. Olthuis dated June 7/06 (by B.C. Civil Liberties), Completed on: 2006-06-07 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-06-07 Response to the motion for leave to intervene, (Letter Form), from Sean Gaudet dated May 6/06 (by Can. Civil Liberties & B.C. Civil Liberties), Completed on: 2006-06-07 Attorney General of Canada
2006-06-06 Response to the motion for leave to intervene, (Letter Form), from Rod Sieg dated June 6/06 (by B.C. Civil Liberties), Completed on: 2006-06-06 Paul Charles Bryan
2006-06-02 Motion for leave to intervene, (bookform), Completed on: 2006-06-02 British Columbia Civil Liberties Association
2006-06-02 Response to the motion for leave to intervene, (Letter Form), from B. Olthuis dated June 2, 2006 (fax copy), Completed on: 2006-06-02 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-06-02 Response to the motion for leave to intervene, (Letter Form), from Rod Sieg dated June 1/06, Completed on: 2006-06-02 Paul Charles Bryan
2006-06-01 Motion for leave to intervene, (bookform), Completed on: 2006-06-01 Canadian Civil Liberties Association
2006-05-17 Correspondence received from, D. Simon (by e-mail) re: change of counsel from D. Frankel to G. Garton Attorney General of Canada
2006-05-04 Appellant's record, (Vol. I to IV), Completed on: 2006-05-05 Paul Charles Bryan
2006-05-04 Appellant's book of authorities, Completed on: 2006-05-05 Paul Charles Bryan
2006-05-04 Appellant's factum, (CD rec'd May 5/06), Completed on: 2006-05-08 Paul Charles Bryan
2006-03-29 Notice of intervention respecting a constitutional question Attorney General of Ontario
2006-03-22 Order on miscellaneous motion, (BY BASTARACHE J.)
2006-03-22 Decision on miscellaneous motion, Ba, UPON APPLICATION by the Canadian Broadcasting Corporation, CTV Inc., TVA Group Inc., Rogers Broadcasting Limited, CHUM Limited, Sun Media Corporation and Sun Media (Toronto) Corporation, the Canadian Press, The Globe and Mail, CanWest Media Works Inc. and CanWest MediaWorks Publications Inc. and Canoe Inc. (collectively the "Interveners") for an order receiving affidavits into the record as evidence on the appeal, which motion was deferred on January 13, 2006, until the filing of the respondents' responses to the said motion;
AND UPON THE FILING of the respondents' responses to the motion;
AND THE MATERIAL filed having been read;
IT IS HEREBY ORDERED THAT:
1) The motion is granted in part.
2) The following affidavits shall be received into the record as evidence on the appeal:
Affidavit of Kaan Yigit, sworn December 28, 2005;
Affidavit of Bryan Segal, sworn December 30, 2005;
Affidavit of tony Burman, sworn January 3, 2006;
Affidavit of Anton Koschany, sworn January 3, 2006;
Affidavit of Maxime Bédard, sworn January 3, 2006;
Affidavit of John Hinnen, sworn January 3, 2006;
Affidavit of Peter Palframan, sworn January 3, 2006;
Affidavit of Scott White, sworn January 3, 2006;
Affidavit of Neil Campbell, sworn January 3, 2006;
Affidavit of Jose Leal, sworn January 3, 2006; and
Affidavit of Steven J. Pasternak, sworn January 3, 2006.
3) The two affidavits of Daniel Henry, sworn on January 3 and January 9, 2006, shall not be received as evidence.
Allowed in part
2006-03-16 Submission of miscellaneous motion, Ba
2006-03-14 Response to miscellaneous motion, (Letter Form), from Andrew I. Nathanson dated March 14/06 (motion filed Jan. 4/06), Completed on: 2006-03-14 Her Majesty the Queen
2006-03-09 Order on motion to extend time
2006-03-09 Decision on motion to extend time, to serve and file the appellant's notice of constitutional question to Feb. 28/06, Reg
Granted
2006-03-09 Submission of motion to extend time, Reg
2006-03-07 Response to motion to extend time, (Letter Form), from Gowlings dated March 7/06 (to file the Notice of C.Q.), Completed on: 2006-03-07 Her Majesty the Queen
2006-03-06 Response to motion to extend time, to file the Notice of C.Q., Completed on: 2006-03-06 Attorney General of Canada
2006-03-03 Reply to miscellaneous motion, (Letter Form), Joseph J. Arvay dated March 3/06, Completed on: 2006-03-03 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-03-03 Response to miscellaneous motion, (Letter Form), from Rod Sieg dated March 3/06, Completed on: 2006-03-03 Paul Charles Bryan
2006-03-01 Response to motion to extend time, (Letter Form), from J. Beedell dated March 1, 2006 (fax copy), Completed on: 2006-03-01 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-02-28 Motion to extend time, to file and serve Notice of Constitutional Questions, Completed on: 2006-02-28 Paul Charles Bryan
2006-02-28 Notice of constitutional question(s), (Judgment included) Paul Charles Bryan
2006-02-27 Response to miscellaneous motion, (Letter Form), from S. David Frankel, Q.C. dated Feb. 27/06 (motion filed Jan. 4/06), Completed on: 2006-02-27 Attorney General of Canada
2006-02-10 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)(see order to extend time dated March 9/06)
2006-02-10 Decision on the motion to state a constitutional question, CJ, 1. Does s. 329 of the Canada Elections Act, S.C. 2000, c. 9, infringe s. 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 s. 1 of the Canadian Charter of Rights and Freedoms?
IT IS FURTHER ORDERED THAT:
Pursuant to Rule 61(1) of the Rules of the Supreme Court of Canada, Attorneys General intervening in this appeal under Rule 61(4) shall pay to the appellant any additional disbursements occasioned to the appellant by their intervention.
Granted
2006-02-08 Submission of motion to state a constitutional question, CJ
2006-02-07 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2006-01-27 Response to the motion to state a constitutional question, (Letter Form), from H. Brown dated Jan. 27, 2006 (fax copy), Completed on: 2006-01-27 Her Majesty the Queen
2006-01-26 Response to the motion to state a constitutional question, Completed on: 2006-01-26 Attorney General of Canada
2006-01-19 Correspondence received from, S. David Frankel, Q.C. dated Jan. 19/06 re: expects to file a response to motion to file affidavits in several weeks (see order dated Jan. 13/06) Attorney General of Canada
2006-01-13 Decision on motion to extend time, to file a single response, of up to 20 pages, to the applications for a temporary stay, Reg
Granted
2006-01-13 Submission of motion to extend time, Reg
2006-01-13 Order on miscellaneous motion, (BY BASTARACHE J.)
2006-01-13 Decision on miscellaneous motion, Ba, 1. The motions of the Appellant and Interveners for abridgements of time are granted, except with respect to the motion of the Interveners for an order receiving affidavits into the record as evidence on the appeal.
4. A decision on the motion of the Interveners for an order receiving affidavits into the record as evidence on the appeal is deferred until the Respondents have filed their response to the said motion.
Referred, no order as to costs
2006-01-13 Order on motion for leave to intervene, (BY BASTARACHE J.)
2006-01-13 Decision on the motion for leave to intervene, Ba, 3. The joint motion for leave to Intervene of the Interveners, by the Canadian Broadcasting Corporation, CTV Inc., TVA Group Inc., Rogers Broadcasting Limited, CHUM Limited, Sun Media Corporation and Sun Media (Toronto) Corporation, the Canadian Press, The Globe and Mail, CanWest Media Works Inc. and CanWest MediaWorks Publications Inc. and Canoe Inc., is granted and they shall be entitled to serve and file a single joint factum not to exceed 30 pages in length within ten weeks after service of the Appellant's factum. The Respondents are permitted to file a reply factum not to exceed 10 pages in length within two weeks of the service of the Interveners' factum.

A decision on the request by the Interveners to present oral argument is deferred to a date following receipt and consideration of the factums of the parties and the Interveners.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the Interveners shall pay to the Appellant and Respondents any additional disbursements incurred by the Appellant and Respondents as a result of the intervention.
Granted
2006-01-13 Order issued on motion for a stay of execution, (BY BASTARACHE J.)
2006-01-13 Decision on the motion for a stay of execution, Ba, 1. The motion of the Interveners for an order declaring the judgment of the Court of Appeal to be stayed; an order granting an oral hearing on the said motion; and an order granting a temporary suspension of ss. 329 and 495(4)(d) of the Canada Elections Act, is dismissed.
2. The motion of the Appellant for an order declaring the judgment of the Court of Appeal to be stayed; an order granting an oral hearing on the said motion; and an order granting a temporary suspension of ss. 329, 495(4)(d) and 500(4) of the Canada Elections Act, is dismissed.
2. The motion of the Interveners for an order expediting the hearing of the appeal is dismissed.
Dismissed
2006-01-12 Motion to state a constitutional question, (bookform), Completed on: 2006-01-12 Paul Charles Bryan
2006-01-11 Correspondence received from, J. Beedell dated Jan. 11, 2006 (fax copy) re: rule 14 - translation of the interveners' style of cause Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-10 Affidavit, of Daniel Henry, sworn on Jan. 9/06, in support of the motion for a stay Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-10 Submission of miscellaneous motion, Ba
2006-01-10 Submission of motion for a stay of execution, Ba
2006-01-10 Submission of motion for leave to intervene, Ba
2006-01-10 Appeal court record, (1 large envelope)
2006-01-10 Response to motion to extend time, (Letter Form), from A. Nathanson dated Jan. 10, 2006 (fax copy), Completed on: 2006-01-10 Her Majesty the Queen
2006-01-10 Reply to motion for a stay of execution, (Letter Form), from J. Beedell dated Jan. 10, 2006, Completed on: 2006-01-10 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-10 Response to the motion for a stay of execution, (responding to motions by Appellant and interveners-media) - 3 copies - book form, Completed on: 2006-01-10 Attorney General of Canada
2006-01-10 Motion to extend time, to file a single response of 20 pages to the motions by the Appellant and the interveners-media - 3 copies, Completed on: 2006-01-10 Attorney General of Canada
2006-01-10 Correspondence received from, Rod Sieg dated Jan. 10, 2006 (fax copy) re: adopts the letter of reply of counsel for the proposed media intervenors, Mr. Arvay Paul Charles Bryan
2006-01-10 Response to the motion for a stay of execution, (Letter Form), from D. Frankel dated Jan. 10, 2006 (fax copy) re: appellant's motion, Completed on: 2006-01-10 Attorney General of Canada
2006-01-09 Reply to miscellaneous motion, (Letter Form), from J. Arvay dated Jan. 9, 2006 (joint reply), Completed on: 2006-01-09 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-09 Reply to motion for a stay of execution, (Letter Form), from J. Arvay dated Jan. 9, 2006 (joint reply), Completed on: 2006-01-09 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-09 Reply to the motion for leave to intervene, (Letter Form), from J. Arvay dated Jan. 9, 2006 (joint reply), Completed on: 2006-01-09 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-09 Response to miscellaneous motion, (Letter Form), from D. Frankel dated Jan. 6, 2006 (fax copy) re: responding to interveners' motions - joint, Completed on: 2006-01-09 Attorney General of Canada
2006-01-09 Response to the motion for a stay of execution, (Letter Form), from D. Frankel dated Jan. 6, 2006 (fax copy) re: responding to interveners' motions - joint, Completed on: 2006-01-09 Attorney General of Canada
2006-01-09 Response to the motion for leave to intervene, (Letter Form), from D. Frankel dated Jan. 6, 2006 (fax copy) re: responding to interveners' motions - joint, Completed on: 2006-01-09 Attorney General of Canada
2006-01-06 Motion for a stay of execution, (including orders for abridging the time periods and oral hearing of the motion) - book form - 3 copies, Completed on: 2006-01-11 Paul Charles Bryan
2006-01-06 Book of authorities, 3 copies of joint authoritiies in support of the interveners' motions - book form, Completed on: 2006-01-06 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-05 Response to the motion for leave to intervene, (Letter Form), from R. Sieg dated Jan. 6, 2006 (fax copy) re: no objection, Completed on: 2006-01-05 Paul Charles Bryan
2006-01-05 Response to the motion for leave to intervene, (Letter Form), from A. Nathanson dated Jan. 5, 2006 (fax copy)(joint response to other motions), Completed on: 2006-01-05 Her Majesty the Queen
2006-01-05 Response to miscellaneous motion, (Letter Form), from R. Sieg dated Jan. 5, 2006 (fax copy) re: no objection, Completed on: 2006-01-05 Paul Charles Bryan
2006-01-04 Affidavit, joint book of affidavits - 3 copies - book form (service to respondents requested) Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-04 Motion for a stay of execution, (joint with motions to abridge the time, expedite hearing of the appeal) - 3 copies - book form, Completed on: 2006-01-13 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-04 Notice of miscellaneous motion, (to file affidavits as evidence and to abridge the time) - 3 copies - book form (service to respondents requested), Completed on: 2006-01-04 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-04 Motion for leave to intervene, (joint with motions to abridge time, lenghty memorandum, oral hearing of this motion) - 3 copies - book form - (service to respondents requested), Completed on: 2006-01-13 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2006-01-04 Correspondence received from, E. Meehan of Lang, Michener dated Jan. 4, 2006 re: 3 misc. motions to be convened in the week of January 9, 2006 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2005-12-23 Notice of appeal, Completed on: 2005-12-23 Paul Charles Bryan
2005-12-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-12-16 Judgment on leave sent to the parties
2005-12-15 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 CA031385, 2005 BCCA 285, dated May 20, 2005, is granted without costs.

Granted, without costs
2005-11-22 Order on motion to extend time
2005-11-22 Decision on motion to extend time, to serve and file the applicant's reply to Nov. 16/05, DeRg
Granted
2005-11-22 Response to motion to extend time, Completed on: 2005-11-22 Attorney General of Canada
2005-11-22 Submission of motion to extend time, DeRg
2005-11-21 Response to motion to extend time, Completed on: 2005-11-21 Her Majesty the Queen
2005-11-16 Motion to extend time, to file the reply on Nov. 16, 2005, Completed on: 2005-11-16 Paul Charles Bryan
2005-11-16 Applicant's reply to respondent's argument, (sent to the judges on Nov. 23, 2005), Completed on: 2005-11-16 Paul Charles Bryan
2005-11-07 All materials on application for leave submitted to the Judges, CJ Bi Cha
2005-10-17 Respondent's response on the application for leave to appeal, Completed on: 2005-10-17 Attorney General of Canada
2005-10-14 Order on motion to add or substitute parties, (BY MAJOR J.)
2005-10-14 Decision on motion to add or substitute parties, Ma, UPON APPLICATION by the Attorney General of Canada to be added as a party respondent or for leave to intervene in the above mentioned application for leave to appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to be added as a party respondent on behalf of the Attorney General of Canada is granted. The Attorney General of Canada shall serve and file its response on or before October 18, 2005.
Granted
2005-10-14 Order on motion to leave to intervene, (BY MAJOR J.)
2005-10-14 Decision on motion for leave to intervene, Ma, UPON APPLICATION by the CTV Inc., the Canadian Broadcasting Corporation and CanWest Media Works Inc. for leave to intervene in the above mentioned application for leave to appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion on behalf of the CTV Inc., the Canadian Broadcasting Corporation and CanWest Media Works Inc. is dismissed without prejudice to the applicants' right to apply for leave to intervene in the appeal, if the Court grants the application for leave to appeal.
Dismissed
2005-10-13 Submission of motion to add or substitute parties, Ma
2005-10-13 Submission of motion for leave to intervene, Ma
2005-10-11 Response to the motion for leave to intervene, (Letter Form), from Lang, Michener dated October 11, 2005 re: no objection to the motion to intervene, Completed on: 2005-10-11 Paul Charles Bryan
2005-09-22 Response to the motion for leave to intervene, (Letter Form), from Andrew I. Nathanson dated Sept. 21/05, Completed on: 2005-09-22 Her Majesty the Queen
2005-09-19 Response to motion to add or substitute parties, Completed on: 2005-09-19 Her Majesty the Queen
2005-09-19 Book of authorities, on motion to intervene Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2005-09-19 Motion for leave to intervene, (bookform), Completed on: 2005-09-19 Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")
2005-09-16 Response to motion to add or substitute parties, Completed on: 2005-09-16 Paul Charles Bryan
2005-09-15 Motion to add or substitute parties, or leave to intervene and to extend time to file a response to Oct. 18/05, Completed on: 2005-09-15 Attorney General of Canada
2005-09-15 Respondent's response on the application for leave to appeal, Completed on: 2005-09-15 Her Majesty the Queen
2005-08-23 Letter acknowledging receipt of an incomplete application for leave to appeal
2005-08-19 Application for leave to appeal, (New covers requested - rec'd. with proof of service Aug. 24/05), Completed on: 2005-08-24 Paul Charles Bryan

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
Bryan, Paul Charles Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP") Intervener Active
Globe and Mail ("The Globe"), CanWest MediaWorks Inc. and CanWest MediaWorks Publications Inc. (collectively "CanWest"), and Canoe Inc. ("Canoe"), collectively, the "Moving Parties" Intervener Active
Canadian Civil Liberties Association Intervener Active

Counsel

Party: Bryan, Paul Charles

Counsel
Names
Donald J. Jordan, Q.C.
Rodney W. Sieg
Contact information
Taylor Jordan Chafetz
1010 - 777 Hornby Street
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 683-2223
FAX: (604) 683-2798
Email: djordan@tjclaw.com
Agent
Name
Marie-France Major
Contact information
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

Party: Her Majesty the Queen

Counsel
Name
Andrew I. Nathanson
Contact information
Fasken Martineau DuMoulin LLP
2100 - 1075 Georgia Street West
Vancouver, British Columbia
V6E 3G2
Telephone: (604) 631-3131
FAX: (604) 631-3232
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of Canada

Counsel
Names
Graham R. Garton, Q.C.
Sean Gaudet
Contact information
Attorney General of Canada
Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6807
FAX: (416) 973-8253
Email: ggarton@justice.gc.ca
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Canadian Broadcasting Corporation ("CBC"), CTV Inc. ("CTV"), TVA Group Inc. ("TVA"), Rogers Broadcasting Limited ("Rogers"), CHUM Limited ("CHUM"), Sun Media Corporation and Sun Media (Toronto) Corporation (collectively "Sun Media"), Canadian Press ("CP")

Counsel
Names
Joseph J. Arvay, Q.C.
Brent B. Olthuis
Contact information
Arvay Finlay
1350 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener LLP
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Globe and Mail ("The Globe"), CanWest MediaWorks Inc. and CanWest MediaWorks Publications Inc. (collectively "CanWest"), and Canoe Inc. ("Canoe"), collectively, the "Moving Parties"

Counsel
Name
Joseph J. Arvay, Q.C.
Contact information
Arvay Finlay
1350 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 689-4421
FAX: (888) 575-3281
Email: jarvay@arvayfinlay.com
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener LLP
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Canadian Civil Liberties Association

Counsel
Name
Mahmud Jamal
Contact information
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
Name
Patricia J. Wilson
Contact information
Osler, Hoskin & Harcourt LLP
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.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.

During the federal general election of November 27, 2000, the Appellant posted the election results from Atlantic Canada on a web site while polling stations remained open in other parts of Canada. He was charged under s. 329 of the Act. The Appellant brought an application for a declaration that s. 329 of the Act is of no force and effect because it infringes or denies the fundamental freedoms of expression and of association guaranteed by. s. 2(b) and (d) of the Charter. He also brought an application to strike down sections 329, 495(4) and 500(4) of the Act. The Appellant was convicted and a sentence of a $1,000 fine was imposed. The Supreme Court of British Columbia allowed his appeal, set aside the conviction and entered an acquittal. On appeal with leave to the Court of Appeal for British Columbia, the majority of the Court allowed the appeal and restored the trial conviction. Saunders J.A., dissenting, would have dismissed the appeal.

Lower court rulings

January 29, 2003
Provincial Court of British Columbia


Appellant's application for a declaration that s.329 of the Canada Elections Act is
of no force and effect becasue it infringes or denies the fundamental freedom of expression guaranteed by s.2(b) of the Charter granted
February 11, 2003
Provincial Court of British Columbia


Appellant's application to strike down s.329 of the Canada Elections Act dismissed; Section 329 found to be a reasonable limit prescribed by law and demonstrably justified in a free and democratic society; Appellant convicted
October 23, 2003
Supreme Court of British Columbia

2003 BCSC 1499, 22231

Appeal from conviction allowed, conviction set aside, acquittal entered; Section 329 of the Canada Election Act declared contrary to s.2(b) of the Charter and found not justified pursuant to s.1 of the Charter
May 20, 2005
Court of Appeal for British Columbia (Vancouver)

2005 BCCA 285, CA031385

Appeal allowed; Conviction at trial restored

Filed documents

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 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 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.

Downloadable PDFs

Not available

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.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13