Docket

32601

National Post, et al. v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2010-05-11 Appeal closed
2010-05-10 Formal judgment sent to the registrar of the court of appeal and all parties
2010-05-10 Judgment on appeal and notice of deposit of judgment sent to all parties
2010-05-07 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C41296, 2008 ONCA 139, dated February 29, 2008, heard on May 22, 2009, is dismissed without costs, Abella J. dissenting.
Dismissed, without costs
2009-12-18 Correspondence received from, Marlys Edwardh, dated Dec.17-09, Re: Decision from European Court of Human Rights in case Financial Times Ltd. et al., v. UK (sent to judges Dec.21-09) National Post
2009-08-14 Correspondence received from, Robert Frater dated August 14, 2009. Re: Filing of a Supreme Court of Ireland decision (Sent to the Court on August 18, 2009) Attorney General of Canada
2009-06-18 Media lock-up request accepted, by all parties
2009-06-17 Media lock-up consent form received from, Ms. Edwardh for the appellants, she consent to the Media lock-up and request a separate lock-up for counsel. Marlys Edwardh and essica Orkin would be attending. National Post
2009-06-12 Media lock-up consent form received from, Ms. Magotiaux for the respondent, she consent to the media lock-up and she does not require a separate lock-up for counsel. (rec'd by fax) Her Majesty the Queen
2009-06-09 Transcript received, (99 pages)
2009-06-08 Media lock-up letter, consent form and undertaking sample sent to all parties
2009-06-04 Media lock-up requested or proposed, by the Canadian Parliamentary Press Gallery
2009-05-22 Judgment reserved OR rendered with reasons to follow
2009-05-22 Hearing of the appeal, 2009-05-22, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2009-05-22 Intervener's condensed book, Filed in Court on May 22, 2009 British Columbia Civil Liberties Association
2009-05-22 Intervener's condensed book, Filed in Court on May 22, 2009 Attorney General of Canada
2009-05-22 Intervener's condensed book, Rec'd in Court on May 22, 2009 Canadian Civil Liberties Association
2009-05-22 Intervener's condensed book, Rec'd in Court on May 22, 2009 Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Canadian Journalists for Free Expression, Canadian Association of Journalists, Professional Writers Association of Canada,
2009-05-22 Intervener's condensed book, Filed in Court on May 22, 2009 Canadian Broadcasting Corp.
2009-05-22 Respondent's condensed book, Rec'd in Cour May 22, 2009 Her Majesty the Queen
2009-05-22 Appellant's condensed book, Filed in Court on May 22, 2009 National Post
2009-05-22 Acknowledgement and consent for video taping of proceedings, All parties consented
2009-05-20 Order on motion to strike out, (BY THE CHIEF JUSTICE)
2009-05-20 Decision on motion to strike out, CJ, UPON MOTION by the appellants for an order striking out paragraphs 41 through 48 of the factum of the intervener, Attorney General of Alberta, and tabs 1-3 and 6-9 of his book of authorities;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2009-05-20 Submission of motion to strike out, CJ
2009-05-19 Reply to motion to strike out, (Letter Form), from Jessica Orkin dated May 19/09, Completed on: 2009-05-19 National Post
2009-05-19 Response to motion to strike out, (Letter Form), from Jolaine Antonio dated May 19/09, Completed on: 2009-05-19 Attorney General of Alberta
2009-05-19 Motion to strike out, paragraphs 41 through 48 of the factum of the A.G. of Alberta and tabs 1-3 and 6-9 of his book of authorities (to be heard at the hearing of the appeal) (bookform), Completed on: 2009-05-19 National Post
2009-05-14 Correspondence received from, Marlys Edwardh re: change in the order of counsel for the hearing (sent by fax to all parties) National Post
2009-05-08 Notice of appearance, Robert Hubbard and Susan Magotiaux will be appearing Her Majesty the Queen
2009-05-06 Notice of appearance, John McCamus, Jamie Cameron and Matthew Milne-Smith (amended notice of appearance received May 19, 2009. John McCamus will not be appearing. Canadian Civil Liberties Association
2009-05-06 Notice of appearance, Brian MacLeod Rogers and Iain MacKinnon will be appearing Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Canadian Journalists for Free Expression, Canadian Association of Journalists, Professional Writers Association of Canada,
2009-05-06 Notice of appearance, George K. Macintosh and Tim Dickson will be appearing (new email rec'd May 12/09 from Gowlings re: Tim Dickson will appear by himself) British Columbia Civil Liberties Association
2009-05-06 Notice of appearance, Jolaine Antonio will be appearing Attorney General of Alberta
2009-05-01 Notice of appearance, Peter Jacobsen and Tae Mee Park will be present at the hearing. Bell GlobeMedia Inc.
2009-04-30 Notice of appearance, Marlys Edwardh, John Norris and Jessica Orkin will be present at the hearing. National Post
2009-04-29 Notice of appearance, Cheryl Tobias and Jeffrey Johnston will be present at the hearing. (amended notice of appearance received May 15, 2009, Cheryl Tobias will be replace by Robert J. Frater) Attorney General of Canada
2009-04-22 Order on motion to extend time
2009-04-22 Decision on motion to extend time, Reg, to serve and file the respondent's Book of Authorities to Apr. 6/09
Granted
2009-04-22 Submission of motion to extend time, Reg
2009-04-22 Order by, Cha, FURTHER TO THE ORDER dated March 26, 2009, granting leave to intervene to the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and the Media Coalition (namely Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Canadian Journalists for Free Expression, Canadian Association of Journalists, Professional Writers Association of Canada, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Publishers' Council, Book and Periodical Council, Writers' Union of Canada and Pen Canada);
IT IS HEREBY FURTHER ORDERED THAT the said three interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
IT IS HEREBY FURTHER ORDERED THAT the interveners, Canadian Broadcasting Corporation and Bell GlobeMedia Inc., are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2009-04-20 Intervener's book of authorities, Completed on: 2009-04-20 Attorney General of Alberta
2009-04-20 Intervener's factum - AG on constitutional question, Completed on: 2009-04-20 Attorney General of Alberta
2009-04-20 Intervener's book of authorities, Completed on: 2009-05-04 Attorney General of Canada
2009-04-20 Intervener's factum - AG on constitutional question, Cd missing - Rec'd on May 4, 2009, Completed on: 2009-05-04 Attorney General of Canada
2009-04-20 Intervener's book of authorities, CD missing - Rec'd on April 22, 2009, Completed on: 2009-04-23 Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Canadian Journalists for Free Expression, Canadian Association of Journalists, Professional Writers Association of Canada,
2009-04-20 Intervener's factum, CD missing - Rec'd on April 22, 2009, Completed on: 2009-04-23 Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Canadian Journalists for Free Expression, Canadian Association of Journalists, Professional Writers Association of Canada,
2009-04-20 Intervener's factum, CD missing - Rec'd on April 22, 2009, Completed on: 2009-04-23 Canadian Civil Liberties Association
2009-04-20 Intervener's factum, CD missing - Rec'd on April 22, 2009, Completed on: 2009-04-23 British Columbia Civil Liberties Association
2009-04-17 Intervener's book of authorities, Completed on: 2009-04-17 Canadian Broadcasting Corp.
2009-04-17 Intervener's factum, Completed on: 2009-04-17 Canadian Broadcasting Corp.
2009-04-17 Order on motion to extend time, (BY CHARRON J.)
2009-04-17 Decision on motion to extend time, Cha, UPON APPLICATION by the intervener, Canadian Broadcasting Corporation, for an order extending the time to serve and file its factum to April 17, 2009, and to present oral argument at the hearing of the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an order extending the time to serve and file its factum to April 17, 2009, is granted.
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.
Allowed in part
2009-04-16 Intervener's book of authorities, Completed on: 2009-04-16 Attorney General of New Brunswick
2009-04-16 Intervener's factum - AG on constitutional question, Completed on: 2009-04-16 Attorney General of New Brunswick
2009-04-16 Notice of appearance, AGNB's participation in this appeal will be in writing only Attorney General of New Brunswick
2009-04-15 Submission of motion to extend time, Cha
2009-04-06 Motion to extend time, to file the Respondent's Book of Authorities to Apr. 6/09, Completed on: 2009-04-06 Her Majesty the Queen
2009-04-06 Respondent's book of authorities, Vol. 1 and 2, Completed on: 2009-04-06 Her Majesty the Queen
2009-04-03 Motion to extend time, to serve and file the factum, Completed on: 2009-04-03 Canadian Broadcasting Corp.
2009-03-31 Intervener's book of authorities, Completed on: 2009-03-31 Bell GlobeMedia Inc.
2009-03-31 Intervener's factum, Completed on: 2009-03-31 Bell GlobeMedia Inc.
2009-03-30 Respondent's factum, CD and form rec'd Apr. 6/09, Completed on: 2009-04-07 Her Majesty the Queen
2009-03-30 Appeal perfected for hearing
2009-03-26 Order on motion for leave to intervene, (BY CHARRON J.)
2009-03-26 Decision on the motion for leave to intervene, Cha, The motions for leave to intervene by the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and the Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Canadian Journalists for Free Expression, Canadian Association of Journalists, Professional Writers Association of Canada, RTNDA Canada/Association of Electronic Journalists, Magazines Canada, Canadian Publishers' Council, Book and Periodical Council, Writers' Union of Canada and Pen Canada are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before April 20, 2009.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention.
Granted
2009-03-26 Submission of motion for leave to intervene, Cha
2009-03-18 Notice of withdrawal Attorney General of Nova Scotia
2009-03-17 Notice of withdrawal Attorney General of Newfoundland & Labrador
2009-03-16 Correspondence received from, Peter Jacobsen dated March 13, 2009. Re: Heather Perkins-McVey was replaced as agent by Marie-France Major Bell GlobeMedia Inc.
2009-03-16 Notice of withdrawal Attorney General of Saskatchewan
2009-03-02 Notice of hearing sent to parties
2009-03-02 Appeal hearing scheduled, 2009-05-22
Judgment reserved
2009-02-19 Response to the motion for leave to intervene, (Letter Form), from Michal Fairburn dated Feb. 19/09 (by all interveners), Completed on: 2009-02-19 Her Majesty the Queen
2009-02-17 Motion for leave to intervene, Completed on: 2009-02-18 Canadian Newspaper Association, AD IDEM/Canadian Media Lawyers Association, Canadian Journalists for Free Expression, Canadian Association of Journalists, Professional Writers Association of Canada,
2009-02-17 Order on motion to extend time
2009-02-17 Decision on motion to extend time, DeRg, IT IS HEREBY ORDERED that the deadlines in respect of the Appellants’ appeal materials in the within matter are extended as follows:
a) Volumes 5, 6 and 15 of the Appellants’ Record to be filed with the Court on February 3, 2009;
b) Volumes 7, 8 and 16 of the Appellants’ Record to be filed with the Court on February 4, 2009;
c) The Appellants’ Factum (paper copy and CD-Rom) and the Appellants’ Record (paper copy) to be served upon the parties on February 3, 2009, with the exception of Volume 4 of the Record in respect of the intervener Bell Globemedia;
d) Volume 4 of the Appellants’ Record to be served upon the intervener
Bell Globemedia on February 4, 2009;
e) The Appellants’ Books of Authorities (paper copy and CD-Rom) to be served upon the parties and filed with the Court on February 9, 2009; and
f) The Appellants’ Record (CD-Rom) to be served upon the parties on or before February 9, 2009.
Granted
2009-02-17 Response to the motion for leave to intervene, (Letter Form), from Jessica Orkin dated Feb. 17/09 (by CCLA and BCCLA), Completed on: 2009-02-17 National Post
2009-02-13 Motion for leave to intervene, Completed on: 2009-02-13 Canadian Civil Liberties Association
2009-02-13 Motion for leave to intervene, Completed on: 2009-02-13 British Columbia Civil Liberties Association
2009-02-12 Submission of motion to extend time, DeRg
2009-02-09 Response to motion to extend time, (joint with motion), Completed on: 2009-02-09 Her Majesty the Queen
2009-02-09 Appellant's book of authorities, (Vol I to IV) - page numbering done and rec'd Feb. 13/09, Completed on: 2009-02-09 National Post
2009-02-09 Motion to extend time, to serve and file the Appellants Record and Factum to Feb. 5/09 and the Authorities to Feb. 9/09, Completed on: 2009-02-09 National Post
2009-02-02 Appellant's record, Vol. I to 16, Completed on: 2009-02-10 National Post
2009-02-02 Appellant's factum, Completed on: 2009-02-10 National Post
2009-01-19 Notice of withdrawal Attorney General of Prince Edward Island
2009-01-12 Notice of withdrawal Attorney General of British Columbia
2008-12-03 General proceeding, notice of change of practice arrangements of counsel for Marlys Edwardh Barristers Professional Corporation with new address and John Norris with new address, orig. with service rec'd Dec. 5/08 National Post
2008-11-27 Affidavit, of service of the revised order on Constitutional Question National Post
2008-11-20 Notice of intervention respecting a constitutional question Attorney General of Prince Edward Island
2008-11-20 Notice of intervention respecting a constitutional question Attorney General of Saskatchewan
2008-11-20 Notice of intervention respecting a constitutional question Attorney General of Alberta
2008-11-20 Notice of intervention respecting a constitutional question Attorney General of Newfoundland & Labrador
2008-11-20 Notice of intervention respecting a constitutional question Attorney General of Canada
2008-11-20 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2008-11-20 Notice of intervention respecting a constitutional question Attorney General of New Brunswick
2008-11-19 Notice of intervention respecting a constitutional question Attorney General of Nova Scotia
2008-11-18 Notice of constitutional question(s) National Post
2008-11-17 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2008-11-17 Decision on the motion to state a constitutional question, (REVISED Nov. 20/08), CJ, 1. In the context of a relationship between a journalist and a confidential source, when the state seeks to compel the production of information that could identify the source, does the common law Wigmore framework of case-by-case privilege infringe the principle of freedom of the press guaranteed by 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?
3. Does s. 487.02 of the Criminal Code, R.S.C. 1985, c. C-46, when employed to compel a media organization or journalist to assist in giving effect to an authorization, warrant or order, infringe the principle of freedom of the press guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms?
4. 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?
5. Does s. 487.02 of the Criminal Code, R.S.C. 1985, c. C-46, when employed to compel a media organization or journalist to assist in giving effect to an authorization, warrant or order, infringe s. 8 of the Canadian Charter of Rights and Freedoms?
6. 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:
1. The appellant shall serve forthwith on the Attorneys General a copy of this order, a notice of constitutional question in Form 61A and a copy of the reasons for judgment appealed from.
2. The appellant’s factum, record and book of authorities shall be served and filed on or before February 2, 2009.
3. The respondents’ factum, record and book of authorities shall be served and filed on or before March 30, 2009.
4. Any notices of intervention relating to the constitutional questions shall be served and filed on or before November 27, 2008.
5. Any person interested in applying for leave to intervene shall serve and file their motion on or before February 16, 2009.
6. Any interveners under Rule 55 or Rule 61, shall serve and file their factum and book of authorities on or before April 20, 2009.
7. 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.
8. Interveners referred to in subrule 61(4) of the Rules of the Supreme Court of Canada shall limit their oral argument to 10 minutes each.
9. The appeal is scheduled to be heard on May 22, 2009.
Granted
2008-11-05 Submission of motion to state a constitutional question, CJ
2008-10-27 Response to the motion to state a constitutional question, (Letter Form), from Michal Fairburn dated Oct. 23/08, Completed on: 2008-10-27 Her Majesty the Queen
2008-10-27 Motion to state a constitutional question, (corrected version rec'd Nov. 3/08), Completed on: 2008-10-27 National Post
2008-10-27 Notice of appeal, Completed on: 2008-10-27 National Post
2008-10-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2008-09-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2008-09-26 Judgment on leave sent to the parties
2008-09-25 Judgment of the Court on the application for leave to appeal, The applications for an extension of time and for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C41296, 2008 ONCA 139, dated February 29, 2008, are granted.
Granted
2008-09-25 Decision on motion to extend time to file and /or serve the leave application, The applications for an extension of time and for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C41296, 2008 ONCA 139, dated February 29, 2008, are granted.
Granted
2008-07-28 All materials on application for leave submitted to the Judges, CJ F Ro
2008-07-28 Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro
2008-06-12 Applicant's reply to respondent's argument, Completed on: 2008-06-12 National Post
2008-06-02 Intervener's memorandum of argument on application for leave, Completed on: 2008-06-02 Canadian Broadcasting Corp.
2008-06-02 Respondent's response on the application for leave to appeal, Completed on: 2008-06-02 Her Majesty the Queen
2008-05-28 General proceeding, consent for Heather Perkins McVey to represent two parties as agent Bell GlobeMedia Inc.
2008-05-28 Intervener's memorandum of argument on application for leave, Completed on: 2008-05-28 Bell GlobeMedia Inc.
2008-05-06 Letter acknowledging receipt of a complete application for leave to appeal
2008-05-02 Motion to extend the time to file and or serve the application for leave to appeal, incl. in application, Completed on: 2008-05-02 National Post
2008-05-02 Application for leave to appeal, Completed on: 2008-05-02 National Post