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.
32865
Canadian Broadcasting Corporation, et al. v. Her Majesty the Queen, et al.
(Alberta) (Criminal) (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) |
|---|---|---|
| 2010-06-11 | Appeal closed | |
| 2010-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-06-11 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-06-10 |
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 Alberta (Edmonton), Numbers 0703-0171-A, 0703-0202-A, 0703-0239-A and 0803-0080-AC, 2008 ABCA 294, dated September 3, 2008, heard on November 16, 2009, is dismissed. The constitutionality of s. 517 of the Criminal Code is upheld. Abella J. is dissenting. Dismissed |
|
| 2010-04-07 | Correspondence received from, David Lepofsky dated Apr. 7/10 re: Crown is abandoning his Notice of Appeal in the ON C/A in the case R. v. Brant cited in his intervener's factum (joint with 33085) (sent to the Court Apr. 13/10) | Attorney General of Ontario |
| 2009-12-04 | Transcript received, (137 pages) | |
| 2009-11-16 | Judgment reserved OR rendered with reasons to follow | |
| 2009-11-16 | Respondent's condensed book, Joint with 33085 - Submitted in Court (14 copies) | Her Majesty the Queen |
| 2009-11-16 | Respondent's condensed book, Submitted in Court (14 copies) | Michael James White |
| 2009-11-16 | Appellant's condensed book, Submitted in Court (14 copies) | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-11-16 | Appellant's condensed book, Submitted in Court (14 copies) | Canadian Broadcasting Corporation |
| 2009-11-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2009-11-16 |
Hearing of the appeal, 2009-11-16, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-11-10 | Correspondence received from, F. Kozak by fax, re.: request for 2 reserved seats at the hearing | Canadian Broadcasting Corporation |
| 2009-11-09 | Correspondence received from, John North dated November 9, 2009. Re: Disposition of the new draft counsel sheet | Director of Public Prosecutions of Canada |
| 2009-11-04 | Notice of appearance, Kirk Starkie and Lauren Garcia will be present at the hearing. | Michael James White |
| 2009-10-30 | Notice of appearance, Fred Kozak and Matthew Woodley will be present at the hearing. | Canadian Broadcasting Corporation |
| 2009-10-29 | Notice of appearance, Jonathan C. Lisus and Alexi N. Wood will be appearing and Mr. Lisus will make oral submission. | Canadian Civil Liberties Association |
| 2009-10-29 | Notice of appearance, John North and Steve Coroza will be appearing, Mr. North will make oral submission. | Director of Public Prosecutions of Canada |
| 2009-10-28 | Correspondence received from, Jolaine Antonio re: time for oral argument between Ms. Antonio and Ms. Stevens | Her Majesty the Queen |
| 2009-10-27 | Correspondence received from, Barry Zalmanowitz dated October 27, 2009. Re: Correction to his name | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-10-27 |
Order by, (joint with 33085), Ro, FURTHER TO THE ORDERS dated August 21 and October 13, 2009, granting leave to intervene to the Canadian Civil Liberties Association and the Canadian Newspaper Association, Ad Idem/Canadian Media Lawyers Association, RTNDA Canada/Association of Electronic Journalists and Canadian Association of Journalists; IT IS HEREBY FURTHER ORDERED THAT the two groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. AND IT IS HEREBY FURTHER ORDERED THAT the joint interveners, N.S. and N.Y., pursuant to Rule 22(3)(c)(i) are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2009-10-27 | Order on motion to extend time | |
| 2009-10-27 |
Decision on motion to extend time, to serve and file a single factum and book of authorities not exceeding 10 pages of the intervener, Canadian Civil Liberties Association, for both appeals to Oct. 23/09, Ro Granted |
|
| 2009-10-27 | Submission of motion to extend time, Ro | |
| 2009-10-27 | Correspondence received from, John North dated October 27, 2009. Re: Response to letter from Paul Schabas dated October 26, 2009. | Director of Public Prosecutions of Canada |
| 2009-10-26 | Order on motion to adduce new evidence, (BY ROTHSTEIN J.) | |
| 2009-10-26 |
Decision on motion to adduce new evidence, Ro, UPON APPLICATION by the intervener, Attorney General of Ontario, for an order to admit, as fresh evidence, true copy of: 1. The affidavit of Professor Jonathan Freedman sworn June 26, 2008 in the case of R. v. Shawn Brant (unreported decision of Maranger J. on July 18, 2008, Napanee (Ont. Sup. Ct. J.)); and, 2. To the extent needed for the purpose of providing context thereto, the affidavits of Dr. Margaret Bull Kovera sworn on June 25, 2008 and July 7, 2008 respectively, and the transcript of the viva voce testimony of Professor Freedman and Dr. Kovera in the Brant case in the Superior Court on July 14 to July 18, 2008; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed without costs. Dismissed, without costs |
|
| 2009-10-23 | Intervener's book of authorities, CD missing - Rec'd on Oct. 30, 2009 (Joint with 33085), Completed on: 2009-10-23 | Canadian Civil Liberties Association |
| 2009-10-23 | Intervener's factum, CD missing - Rec'd on Oct. 30, 2009 (Joint with 33085), Completed on: 2009-10-23 | Canadian Civil Liberties Association |
| 2009-10-23 | Submission of motion to adduce new evidence, Ro | |
| 2009-10-23 | Notice of appearance, Barry Zalmanowitz and Peter Banks will be present at the hearing. | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-10-23 | Notice of appearance, David Lepofsky, Peter Scrutton and Daniel Guttman will be present at the hearing. | Attorney General of Ontario |
| 2009-10-21 | Notice of appearance, Laura Stevens and Kirk Starkie will be present at the hearing. | Michael James White |
| 2009-10-20 | Response to motion to extend time, (Letter Form), by CCLA, Completed on: 2009-10-20 | Director of Public Prosecutions of Canada |
| 2009-10-19 | Reply to motion to adduce new evidence, Completed on: 2009-10-19 | Attorney General of Ontario |
| 2009-10-15 | Response to motion to extend time, by CCLA, Completed on: 2009-10-15 | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-10-14 | Response to motion to extend time, by CCLA, Completed on: 2009-10-14 | Canadian Broadcasting Corporation |
| 2009-10-14 | Response to the motion to adduce new evidence, of A.G. Ont., Completed on: 2009-10-14 | Canadian Broadcasting Corporation |
| 2009-10-13 | Response to the motion to adduce new evidence, of A.G. Ont., Completed on: 2009-10-13 | Her Majesty the Queen |
| 2009-10-13 | Response to motion to extend time, by CCLA, Completed on: 2009-10-13 | Her Majesty the Queen |
| 2009-10-09 | Response to the motion to adduce new evidence, (Letter Form), from Fred Kozak, Q.C. dated Oct. 6/09, Completed on: 2009-10-09 | Canadian Broadcasting Corporation |
| 2009-10-09 | Response to the motion to adduce new evidence, by A.G. Ontario, Completed on: 2009-10-09 | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-10-09 | Response to the motion to adduce new evidence, by A.G. Ontario, Completed on: 2009-10-09 | Michael James White |
| 2009-10-08 | Intervener's book of authorities, Joint with 33085 - New books of authorities Vol. 1 to 3 rec'd Oct. 23/09 - service rec'd Oct. 27/09, Completed on: 2009-10-19 | Director of Public Prosecutions of Canada |
| 2009-10-08 | Intervener's factum, Joint with 33085 - CD rec'd Oct. 16/09, Completed on: 2009-10-19 | Director of Public Prosecutions of Canada |
| 2009-10-07 | Motion to extend time, to serve and file the factum to Oct-23-09 (Joint with 33085) - amended notice and order rec'd Oct-23-09, Completed on: 2009-10-07 | Canadian Civil Liberties Association |
| 2009-10-02 | Motion to adduce new evidence, Completed on: 2009-10-02 | Attorney General of Ontario |
| 2009-10-01 | Intervener's book of authorities, CD missing - Rec'd on October 6, 2009, Completed on: 2009-10-07 | Attorney General of Ontario |
| 2009-10-01 | Intervener's factum, CD Missing - Rec'd on October 6, 2009, Completed on: 2009-10-07 | Attorney General of Ontario |
| 2009-10-01 | Order on motion to extend time | |
| 2009-10-01 |
Decision on motion to extend time, Reg, (a) A single factum and book of authorities shall be served and filed on behalf or Her Majesty the Queen in Right of Canada and the Director of Public Prosecutions of Canada for both appeals; and (b) The time to serve and file the factum on behalf of the Director of Public Prosecutions of Canada in Canadian Broadcasting Corporation et. al. v. the Queen et. al. (file number: 32865) shall be extended to October 8, 2009, without costs. Granted, without costs |
|
| 2009-10-01 | Submission of motion to extend time, Reg | |
| 2009-09-17 | Motion to extend time, to serve and file the intervener's single factum and book of authorities with 33085 to Oct. 8/09, Completed on: 2009-09-17 | Director of Public Prosecutions of Canada |
| 2009-09-03 | Respondent's book of authorities, (2 volumes), Completed on: 2009-09-03 | Her Majesty the Queen |
| 2009-09-03 | Respondent's record, Joint with Michael James White, Completed on: 2009-09-03 | Her Majesty the Queen |
| 2009-09-03 | Respondent's factum, Completed on: 2009-09-03 | Her Majesty the Queen |
| 2009-09-03 | Respondent's book of authorities, Completed on: 2009-09-03 | Michael James White |
| 2009-09-03 | Respondent's factum, Completed on: 2009-09-03 | Michael James White |
| 2009-09-03 | Appeal perfected for hearing | |
| 2009-08-28 | Notice of withdrawal | Attorney General of Canada |
| 2009-08-21 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2009-08-21 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention. Granted |
|
| 2009-08-21 | Submission of motion for leave to intervene, Ro | |
| 2009-08-13 | Notice of hearing sent to parties | |
| 2009-08-11 | Response to the motion for leave to intervene, (Letter Form), from Jolaine Antonio dated Aug. 11/09, Completed on: 2009-08-11 | Her Majesty the Queen |
| 2009-08-11 |
Appeal hearing scheduled, 2009-11-16, (Starting time 9:00 a.m.) Judgment reserved |
|
| 2009-08-10 | Response to the motion for leave to intervene, (Letter Form), from Colleen Bauman dated Aug. 6/09, Completed on: 2009-08-10 | Michael James White |
| 2009-08-06 | Response to the motion for leave to intervene, (Letter Form), from Matthew Woodley dated Aug. 5/09 (included in motion book), Completed on: 2009-08-06 | Canadian Broadcasting Corporation |
| 2009-08-06 | Motion for leave to intervene, (bookform) (joint with 33085), Completed on: 2009-08-06 | Canadian Civil Liberties Association |
| 2009-07-30 | Correspondence received from, Gowlings by e-mail dated July 30/09 re: Jolaine Antonio replaces Jim Robb in this file | Her Majesty the Queen |
| 2009-07-09 | Appellant's book of authorities, CD rec'd on July 14, 2009 (2 volumes), Completed on: 2009-07-09 | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-07-09 | Appellant's factum, CD rec'd on July 14, 2009, Completed on: 2009-07-09 | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-07-09 | Appellant's record, Joint vol. 1 to 4, electronic form requested and Vol. 2 missing page 272.1 and 272.2 in CD - Rec'd on July 14, 2009, Completed on: 2009-07-14 | Canadian Broadcasting Corporation |
| 2009-07-09 | Appellant's book of authorities, Vol. 1 and 2 - Printed and CD version not numbered, new CD requested and Electronic form missing - Rec'd on July 14, 2009, Completed on: 2009-07-14 | Canadian Broadcasting Corporation |
| 2009-07-09 | Appellant's factum, New CD requested Tab A to K missing - Rec'd on July 14, 2009, Completed on: 2009-07-14 | Canadian Broadcasting Corporation |
| 2009-05-19 | Notice of intervention respecting a constitutional question | Director of Public Prosecutions of Canada |
| 2009-05-19 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2009-05-14 | Notice of intervention respecting a constitutional question, Intervention on Edmonton Sun constitutional question | Attorney General of Ontario |
| 2009-05-14 | Notice of intervention respecting a constitutional question, Intervention on CBC constitutional question | Attorney General of Ontario |
| 2009-04-20 | Notice of constitutional question(s) | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-04-20 | Notice of constitutional question(s) | Canadian Broadcasting Corporation |
| 2009-04-16 | Order on motion to state a constitutional question | |
| 2009-04-16 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATIONS 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. Does s. 517 of the Criminal Code, R.S.C. 1985, c. C-46, as amended, 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? Granted |
|
| 2009-04-06 | Submission of motion to state a constitutional question, CJ | |
| 2009-02-26 | Motion to state a constitutional question, Completed on: 2009-02-26 | Canadian Broadcasting Corporation |
| 2009-02-26 | Notice of deposit for security, (direction 2705) | Canadian Broadcasting Corporation |
| 2009-02-26 | Notice of appeal, Completed on: 2009-02-26 | Canadian Broadcasting Corporation |
| 2009-02-26 | Correspondence received from, Sarah Steeden dated Feb. 26, 2009. Re: Scott McLean will also act as agent for CBC, Edmonton Journal and Bell | Canadian Broadcasting Corporation |
| 2009-02-24 | Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated Feb. 23/09, Completed on: 2009-02-24 | Her Majesty the Queen |
| 2009-02-24 | Notice of deposit for security, (direction 2704) | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-02-20 | Motion to state a constitutional question, Completed on: 2009-02-20 | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-02-20 | Notice of appeal, Completed on: 2009-02-20 | Edmonton Sun, a Division of Sun Media Corporation |
| 2009-02-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-02-13 | Correspondence received, from John Norris dated Feb. 13/09 re: will file an application for leave from the Ont. C/A decision of Jan. 26/09, 2009 ONCA 59, Toronto Star Newspaper Limited v. Canada | |
| 2009-02-11 | Correspondence received, from Paul B. Schabas dated Feb. 11/09 re: will file an application for leave from the Ont. C/A decision of Jan. 26/09, 2009 ONCA 59 Toronto Star Newspaper Limited v. Canada | |
| 2009-01-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-01-30 | Judgment on leave sent to the parties | |
| 2009-01-29 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Numbers 0703-0171-A, 0703-0202-A, 0703-0239-A and 0803-0080-AC, 2008 ABCA 294, dated September 3, 2008, are granted with costs to the applicant Edmonton Sun in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2009-01-26 | Correspondence received from, Gowlings dated Jan. 26/09 joint with the Ont. C/A decision dated Jan. 26/09 in Toronto Star Newspapers Ltd. v. Canada, 2009 ONCA 59 (sent to the Court on Jan. 26/09) | Her Majesty the Queen |
| 2008-12-18 | Correspondence received from, J. C. Robb, Q.C. dated Dec. 16/08 re: to advise the Court of other proceedings before the Ontario C/A in Toronto Star (sent to the judges Jan. 15/09) | Her Majesty the Queen |
| 2008-12-15 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-12-04 | Applicant's reply to respondent's argument, Completed on: 2008-12-04 | Edmonton Sun, a Division of Sun Media Corporation |
| 2008-11-28 | Respondent's response on the application for leave to appeal, Response to both applications, Completed on: 2008-11-28 | Michael James White |
| 2008-11-25 | Respondent's response on the application for leave to appeal, Response to both applications, Completed on: 2008-11-25 | Her Majesty the Queen |
| 2008-11-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-11-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-10-31 | Book of authorities | Edmonton Sun, a Division of Sun Media Corporation |
| 2008-10-31 | Application for leave to appeal, SECOND APPLICATION, Completed on: 2008-10-31 | Edmonton Sun, a Division of Sun Media Corporation |
| 2008-10-30 | Application for leave to appeal, FIRST APPLICATION, Completed on: 2008-10-30 | 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
| Name | Role | Status |
|---|---|---|
| Canadian Broadcasting Corporation | Appellant | Active |
| Edmonton Journal, a Division of CanWest MediaWorks Publications Inc. and CTV Television Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| White, Michael James | Respondent | Active |
| Edmonton Sun, a Division of Sun Media Corporation | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Edmonton Sun, a Division of Sun Media Corporation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Broadcasting Corporation | Respondent | Active |
| Edmonton Journal, a Division of CanWest MediaWorks Publications Inc. and CTV Television Inc. | Respondent | Active |
| Bell Globemedia Publishing Inc., carrying on business as The Globe and Mail | Respondent | Active |
| Her Majesty the Queen | Respondent | Active |
| White, Michael James | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Canadian Broadcasting Corporation
Counsel
Names
Frederick S. Kozak, Q.C.
Matthew A. Woodley
Matthew A. Woodley
Contact information
Reynolds, Mirth, Richards & Farmer LLP
3200 - 10180, 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: fkozak@rmrf.com
3200 - 10180, 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: fkozak@rmrf.com
Agent
Name
K. Scott McLean
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Edmonton Journal, a Division of CanWest MediaWorks Publications Inc. and CTV Television Inc.
Counsel
Names
Frederick S. Kozak, Q.C.
Matthew A. Woodley
Matthew A. Woodley
Contact information
Reynolds, Mirth, Richards & Farmer LLP
3200 - 10180, 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: fkozak@rmrf.com
3200 - 10180, 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: fkozak@rmrf.com
Agent
Name
K. Scott McLean
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Edmonton Sun, a Division of Sun Media Corporation
Counsel
Names
Barry Zalmanowitz, Q.C.
Peter D. Banks
Peter D. Banks
Contact information
Fraser Milner Casgrain LLP
2900, 10180 - 101 Street
Edmonton, Alberta
T5J 3V5
Telephone: (780) 423-7344
FAX: (780) 423-7276
2900, 10180 - 101 Street
Edmonton, Alberta
T5J 3V5
Telephone: (780) 423-7344
FAX: (780) 423-7276
Agent
Name
K. Scott McLean
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Her Majesty the Queen
Counsel
Name
Jolaine Antonio
Contact information
Attorney General of Alberta
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 592-4902
FAX: (403) 297-3453
Email: jolaine.antonio@gov.ab.ca
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 592-4902
FAX: (403) 297-3453
Email: jolaine.antonio@gov.ab.ca
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
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: White, Michael James
Counsel
Names
Laura K. Stevens, Q.C.
Kirk Starkie
Lauren Garcia
Kirk Starkie
Lauren Garcia
Contact information
Dawson Stevens & Shaigec
300 - 9924, 106 Street
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: lstevens@dsscrimlaw.com
300 - 9924, 106 Street
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: lstevens@dsscrimlaw.com
Agent
Name
Colleen Bauman
Contact information
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Bell Globemedia Publishing Inc., carrying on business as The Globe and Mail
Counsel
Names
Frederick S. Kozak, Q.C.
Matthew A. Woodley
Matthew A. Woodley
Contact information
Reynolds, Mirth, Richards & Farmer LLP
3200 - 10180, 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: fkozak@rmrf.com
3200 - 10180, 101 St. N.W.
Edmonton, Alberta
T5J 3W8
Telephone: (780) 425-9510
FAX: (780) 429-3044
Email: fkozak@rmrf.com
Agent
Name
K. Scott McLean
Contact information
Fraser Milner Casgrain LLP
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Party: Attorney General of Ontario
Counsel
Names
M. David Lepofsky
Frederick S. Kozak, Q.C.
Peter Scrutton
Daniel Guttman
Frederick S. Kozak, Q.C.
Peter Scrutton
Daniel Guttman
Contact information
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: dlepofsky@sympatico.ca
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: dlepofsky@sympatico.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Director of Public Prosecutions of Canada
Counsel
Names
John North
Steve Coroza
Steve Coroza
Contact information
Public Prosecution Service of Canada
201 County Court Blvd.
Suite 600, Office 634
Brampton, Ontario
L6W 4L2
Telephone: (905) 454-2627
FAX: (905) 454-2168
Email: john.north@ppsc-sppc.gc.ca
201 County Court Blvd.
Suite 600, Office 634
Brampton, Ontario
L6W 4L2
Telephone: (905) 454-2627
FAX: (905) 454-2168
Email: john.north@ppsc-sppc.gc.ca
Agent
Name
François Lacasse
Contact information
Director of Public Prosecutions of Canada
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Canadian Civil Liberties Association
Counsel
Names
Jonathan C. Lisus
Alexi N. Wood
Alexi N. Wood
Contact information
McCarthy Tétrault LLP
Suite 5300
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7848
FAX: (416) 868-0673
Suite 5300
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7848
FAX: (416) 868-0673
Agent
Name
Colin S. Baxter
Contact information
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
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 - Freedom of expression (s. 2(b)) - Criminal law - Publication bans - Judicial interim release - Hearing - Whether s. 517 of the Criminal Code, R.S.C. 1985, c. C-46, as amended, infringes s. 2(b) of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is 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.
Respondent White was charged with the murder of his wife. He applied for judicial interim release, and made an application for a restriction on publication of the proceedings pursuant to s. 517 of the Criminal Code. His application was granted. In separate proceedings, the Appellants brought an application seeking a declaration that s. 517 was inconsistent with the Charter and of no force or effect. The hearing on the application took place before the same judge who had released the Respondent White on bail, and the application was granted. The Court of Appeal allowed the appeal.
Lower court rulings
May 31, 2007
Court of Queen’s Bench of Alberta
0508 30629Q1, 2007 ABQB 359
Court of Queen’s Bench of Alberta
0508 30629Q1, 2007 ABQB 359
Section 517 of the Criminal Code declared unconstitutional in part (effective in 12 months); declaration that the expression “Where a jury trial is possible” should be added to the beginning of s. 517 (effective immediately)
September 3, 2008
Court of Appeal of Alberta (Edmonton)
0703-0171-A, 2008 ABCA 294, 0703-0202-A, 2008 ABCA 294, 0703-0239-A, 2008 ABCA 294, 0803-0080-AC, 2008 ABCA 294
Court of Appeal of Alberta (Edmonton)
0703-0171-A, 2008 ABCA 294, 0703-0202-A, 2008 ABCA 294, 0703-0239-A, 2008 ABCA 294, 0803-0080-AC, 2008 ABCA 294
Appeal allowed and decision of Brooker J. set aside
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
Related links
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
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Related links
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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Related links
Date modified: 2025-05-13