Case information
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40455
Alliance nationale de l’industrie musicale v. Canadian Radio-television and Telecommunications Commission
(Federal) (Civil) (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) |
|---|---|---|
| 2023-07-10 | Close file on Leave | |
| 2023-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-06-29 | Judgment on leave sent to the parties | |
| 2023-06-29 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-249-21, 2022 CAF 156, dated September 15, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-06-08 | Correspondence received from, Filing of an amended Memorandum of argument | Alliance nationale de l’industrie musicale |
| 2023-04-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-01-16, (Printed version filed on 2023-01-16) | Alliance nationale de l’industrie musicale |
| 2023-01-09 | Notice of name, (Letter Form), (Printed version due on 2023-01-16) | Canadian Radio-television and Telecommunications Commission |
| 2022-12-21 | Certificate (on limitations to public access), 23A | Canadian Radio-television and Telecommunications Commission |
| 2022-12-21 |
Respondent's response on the application for leave to appeal, (Book Form), Required: - notice of name, Completed on: 2023-01-04, (Printed version due on 2022-12-30) |
Canadian Radio-television and Telecommunications Commission |
| 2022-11-23 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-11-23 | |
| 2022-11-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-28) | Alliance nationale de l’industrie musicale |
| 2022-11-14 | Notice of name, (Letter Form), (Printed version filed on 2022-12-28) | Alliance nationale de l’industrie musicale |
| 2022-11-14 | Application for leave to appeal, (Book Form), - Amended Argument & full application filed on 2023-06-08, Completed on: 2022-11-14, (Printed version filed on 2022-12-28) | Alliance nationale de l’industrie musicale |
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 |
|---|---|---|
| Alliance nationale de l’industrie musicale | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Canadian Radio-television and Telecommunications Commission | Respondent | Active |
Counsel
Party: Alliance nationale de l’industrie musicale
Counsel
Audrey Mayrand
Perri Ravon
456 rue Saint-Jean, bureau 800
Montréal, Quebec
H2Y 2R6
Telephone: (514) 819-6607
Email: gzucchi@juristespower.ca
Agent
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Party: Canadian Radio-television and Telecommunications Commission
Counsel
Complexe Guy-Favreau, Tour Est, 9e étage
200, boulevard René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 516-2781
FAX: (514) 496-7876
Email: ian.demers@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor, room 556
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Constitutional law — Charter of Rights — Enforcement — Damages — Official languages —Claim for damages under Charter and Official Languages Act made against administrative tribunal that is federal institution for breach of its duty to ensure that positive measures taken to enhance vitality of French linguistic minority communities — Administrative tribunal moving to strike part of application on basis of immunity provision or common law immunity in relation to exercise of adjudicative functions — Courts below striking claim for damages — Whether acts or omissions of administrative tribunal in performing its positive and ongoing duty to enhance vitality of French and Acadian linguistic minority communities under Part VII of Official Languages Act are part of its quasi-judicial functions — Whether administrative tribunal is immune from award of damages where it fulfils duty to consult — Canadian Charter of Rights and Freedoms, s. 24(1) — Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), ss. 41, 77 — Broadcasting Act, S.C. 1991, c. 11, s. 16.
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.
The applicant, the Alliance nationale de l’industrie musicale (“ANIM”), filed a notice of application in the Federal Court against the respondent, the Canadian Radio-television and Telecommunications Commission (“CRTC”). ANIM alleged that the CRTC had not complied with its linguistic duties under the Official Languages Act (“OLA”) and the Canadian Charter of Rights and Freedoms, and it sought several orders as a remedy. The CRTC moved to strike certain aspects of the application, including ANIM’s claim for damages. The motions judge found that, in light of Ernst v. Alberta Energy Regulator, 2017 SCC 1, [2017] 1 S.C.R. 3, the claim for damages had to be struck because of the immunity enjoyed by the CRTC in relation to the exercise of its adjudicative functions. The Federal Court of Appeal agreed with that conclusion.
Lower court rulings
Federal Court
2021 CF 942, T-1480-19
Respondent’s motion to strike parts of applicant’s notice of application allowed in part
Federal Court of Appeal
2022 CAF 156, A-249-21
Applicant’s appeal allowed in part; respondent’s cross-appeal dismissed
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
Not available
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
Not available